2011 PLD 6 KARACHI-HIGH-COURT-SINDH

Full text

Mrs. ZAHIDA KHAN VS Mst. GULNAZ QURESHI 1985 SCMR 2012, 1993 MLD 2183, 1997 CLC 33, 2008 SCMR 28, PLD 2006 SC 422, Ejectment petition--term , Sindh Rented Premises Ordinance 1979--15 , S.15---Ejectment petition---Personal bona fide need of landlady---Landlady living in, U.S.A. pleaded that she wanted to return to Pakistan and occupy her own house; and that whenever she with her family came to Pakistan during summer or winter vacations, they were forced to live in the house of her father---Validity---Tenant had no right to fix schedule of landlady as at what time her coming to Pakistan and living in demised premises would be favourable for her---Tenant had no right to claim that in first phase landlady should abandon her house in America and come to Pakistan languish here and there and then prosecute case of eviction against him---If landlady did not come to Pakistan to permanently settle here, even then she could not be deprived of intermittently using of demised premises on her regular visits to Pakistan---Sindh Rent Premises Ordinance, 1979 or its S. 15 was not exclusively designed for landlords' living in Pakistan permanently---As admitted by tenant, demised premises was the only accommodation available with landlady in Pakistan---In absence of evidence of tenant to the effect that political situation in USA for Muslim immigrants was favourable for them, statement of landlady corroborated by her father about her personal need could not be doubted---Ejectment petition was accepted in circumstances.