1988 CLC 1041 KARACHI-HIGH-COURT-SINDH

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NOOR AHMAD VS IMRAN AHMED Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---Ss. 15 & 21--Ejectment of tenant--Plea of personal bona fide requirement how to be established--Application for ejectment neither disclosed nor made out a case with regard to business sought to be carried on in demised premises, nor it specifically mentioned about availability of requisite funds to set up any new business--Landlord, held, was bound to plead and prove all necessary facts to establish his bona fide need--Landlord has to provide tenant a fair and reasonable opportunity to meet the case of his personal requirement--Imperative for landlord to plead and prove, nature of business and financial ability or resources to set up the case in order to satisfy Rent Controller and the Appellate Court the genuineness and personal bona fide need--Failure to do so, in certain cases of landlords, such as bankers, well-established or reputed firms, companies or individuals however, would not be of vital importance--Landlord having failed to prove that his requirement of demised premises was bona fide appeal against eviction of tenant on that ground, was allowed.