2010 CLC 637 KARACHI-HIGH-COURT-SINDH

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Syed SHARIF HUSSAIN SHAH VS Mst. SAMINA TAUSIF 1990 MLD 1009, 1992 CLC 2307, PLD 2001 Kar. 238, Bona fide personal need of landlord--Term , Sindh Rented Premises Ordinance 1979--15 , S. 15(2)(vii)---Bona fide personal need of landlord---Bona fide personal need of landlady in respect of premises sought to be ejected by her, was resisted on the ground by the tenant that landlady along with her family was residing abroad and in circumstances was not entitled to seek eviction of tenant on ground of personal need---Validity---Held, it was not incumbent upon the owner of premises who was not in Pakistan to come to Pakistan and then file the case on the ground of personal need---Person who owned premises in Pakistan and for the time being living abroad, if he wanted his own house for his personal need, he could file case seeking ejectment of tenant through his attorney---Not necessary for the landlord who was for the time being living abroad to lead evidence personally---If the tenant would succeed to bring any material on record to show that the need of the landlord was not bona fide, only in such circumstances the eviction could be refused, otherwise if the bona fide was established, the landlord would become entitled for the relief of eviction.