1986 SCMR 1712 SUPREME-COURT

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AISHA BAI VS MOBIN KHATOON Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , ---Art. 185(3)--Sind Rented Premises Ordinance (XVII of 1979), S. 15--eviction of tenant--Bona fide personal requirement of landlord for reconstruction/ erection of building--Building plan approved--Compulsory open space provided in plan as per building rules--Disputed premises falling in such open space--Contention that construction of proposed building could be carried out without demolishing tenanted premises, held, was not sustainable--Approved plan covered entire area of plot and specified space was compulsorily required to be left open under building bye-laws--Such open space as provided in building plan was part of overall layout of proposed building and no construction could be allowed without compliance of such requirement--Findings of High Court being based on sound reasoning were unexceptionable--Leave to appeal refused.