1982 PLP 935 (CLC)
S. ALAMDAR HUSSAIN KAZMI‑‑Appellant Versus DR. SHAREEFUDDIN AHMED‑Respondent
| Citation | 1982 PLP 935 (CLC) |
| Forum / Court | Karachi |
| Bench Members | Naimuddin, Actg. C J |
| Parties | S. ALAMDAR HUSSAIN KAZMI‑‑Appellant Versus DR. SHAREEFUDDIN AHMED‑Respondent |
Q1: What are the key laws and sections cited in 1982 PLP 935 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1982 PLP 935 (CLC)?
The case was heard and decided by the Karachi bench comprising: Naimuddin, Actg. C J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1982 PLP 935 (CLC) (S. ALAMDAR HUSSAIN KAZMI‑‑Appellant Versus DR. SHAREEFUDDIN AHMED‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Karar Hussain for Appellant.
- Syed Safdar Hussain for Respondent..
- Date of hearing : 21st October 1981.
Headnotes / Summary
(a) Sind Rented Premises Ordinance (XVII of 1979)‑ Ss. 15 & 21‑Ejectment‑Bona fide requirement‑Landlord residing in two rooms of premises with five members including one married son, held, sufficient to establish his bona fide requirement of premises. (b) Sind Rented Premises Ordinance (XVII of 1979)‑ Ss. 15 & 21‑Ejectment‑Requirement for personal use‑Demand for enhancement of rent by landlord, held, not by itself cast any doubt about personal bona fide requirement. Syed Akhtar Hussain v. Wali Bahadur and 3 others P L D 1981 Lah. 326 ; Badarud Din Hasan Farooqi and another v. Manghi Industries Home P L D 1976 Kar. 620 and Peerzada Rafiq Ahmad v. Ch. Abdur Rehman 1980 S C M R 772 rel.
Judgment & Decree
Karar Hussain for Appellant. Syed Safdar Hussain for Respondent.. Date of hearing : 21st October 1981. This is an appeal under section 21 of the Sind Rented Premises Ordinance by.the tenant, whose eviction from the plot No. D‑28, Block V, Scheme No. 16, Federal "B" Area, Karachi has been ordered by the Controller by the order dated 10‑7‑1980 on the application made by the landlord on the ground of personal requirement of the premises by the landlord. I have beard Mr. Karar Hussain Advocate for the appellant and Mr. Syed Safdar Hussain, Advocate for the respondent and have gone through the evidence and perused the record. It is pot disputed that the landlord is presently residing on the First Floor of the house which consists of one bedroom and one living room and that he has a family of five members including one married son. No doubt, the landlord has also stated his sickness as the reason for requiring the premises occupied by the appellant, as according to him he was suffering from choronic artheopedic pain in hip region. The only defence put up was that the landlord wanted to increase the rent, However, in my view the fact that the respondent is residing in two rooms premises with five members including one married son one alone is) sufficient to establish his bona fide requirements of the premises. As regards the defence event if it is resumed that demand for enhancement of rent was made by the respondent, though there is no such finding by the Controller. The same by itself did not cast any doubt abut B the personal bona fide requirements, as the factum of bona fide requirement was independently proved. See Syed Akhtar Hussain v. Wali Bahadur & 3 others (P L D 1981 Lah. 326), Badarud Din Hasan Farooqi and another v. Manghi Industries Home (P L D 1976 Kar. 620) confirmed by the Supreme Court in Peerzada Rafiq Ahmad v. Ch. Abdur Rehman (1980 S C M R 772). 1, therefore, find no substance in this appeal and dismiss the same. Mr. Karar Hussain requests for 3 months time to vacate the premises. The request is reasonable 1, therefore, allow the appellant 3 months time to vacate the premises. M. Y. H. Appeal dismissed.