1989 MLD 4531 KARACHI-HIGH-COURT-SINDH

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FIDA ALI VS ABBAS BHAI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---S.15--Ejectment application--Personal requirement--Landlord filed eviction petition on ground of personal requirement on basis of allegation that shop in dispute was in fact constructed in a passage which was intended to have been used by occupant of building and that since adjacent plot was lying vacant landlord let out shop to tenant on understanding that when adjacent building would be constructed he would vacate the shop--Landlord failed to prove existence of any such undertaking by tenant and Rent Controller dismissed eviction petition----Order of Rent Controller maintained--Held, landlord after having converted passage into shop voluntarily, could not, in the absence of any understanding or agreement arrived at between parties at tine of letting out of shop, come forward and say that they wished to reconvert shop into passage.