1982 CLC 606 KARACHI-HIGH-COURT-SINDH

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MEHTAB HUSSAIN RLZVI VS ZAFIR AHMAD Sindh Rented Premises Ordinance 1979--13 , S. 13 (aXi)-eviction of tenant sought on ground of landlord having been ailing since last 1i years hospitalized several times on account of heart attack and advised to take up residence on ground floor and totally avoid going up or climbing down stairs-Fact of landlord being a heart patient proved by his evidence, discharge slip, Doctor's certificate and prescription slip and such facts not disproved-Suggestion made in cross-examination of landlord as to his having let out one portion on ground floor to another tenant some years earlier neither pleaded in written statement nor raised by tenant in his deposition Name of such lessee also not disclosed-Landlord, held, not proved to have been occupying any other premises suitable for his needs at time of making application and his desire to obtain premises in dispute genuine-Appeal against order of eviction dismissed in