1986 CLC 448 KARACHI-HIGH-COURT-SINDH

Full text

ANISUR REHMAN VS SHARIFA KHATOON West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 21(1)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13(3)(ii)--Expression "Requires in good faith"--Meaning and ingredients--Intention of law--Law, held, did not "require" a landlord to establish need or absolute requirement of premises without which he would have no shelter over his head--What was meant by "requires in good faith" was that landlord required premises for his reasonable needs and that he was not seeking eviction on pretext of requiring additional accommodation with an oblique motive of realising some extraneous purpose--Term "requires" meant that there must be element of need before landlord could be said to require premises for his own use and occupation--Mere wish, convenience, whim or fancy of landlord would not be enough to show that landlord "requires premises in good faith"--Landlord must allege and prove certain circumstances or facts which go to prove his requirement.--[words and phrases].