1986 MLD 1788 KARACHI-HIGH-COURT-SINDH

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SADIQA BEGUM WAHEEDUDDIN VS CRESCENT PAK INDUSTRIES LTD West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---Ss.15(2)(vii) &.21(1)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss.l3(3)(a)(i)--eviction of tenant--Personal bona fide requirement--Requirements to make out cause of action--There were three requirements to make out cause of action for eviction of tenant for personal requirements under section 13(3)(a)(i) of Ordinance VI of 1959, viz. (i) Assertion on behalf of landlord that he required premises in good faith for himself and or for any of his children; (ii) that landlord was not occupying any other building in urban area concerned; (iii) that landlord had not vacated such building without sufficient cause--In absence of any evidence and averment in compliance with later two conditions or requirements, necessary consequences, held, would follow that not only there would be inadequacy of pleadings to make out cause of action but also total absence of proof of such two vital requirements.