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SAEED MIAN ANSARI versus AQEEL AHMAD SIDDIQUI


Article 4 (185 ()) of the Land Rental Ordinance (XVII of 1979 1979, 1979), Section 15 (2) (ii) Houses should be evicted by default in payment of rent. The landlord must be good with his mother rent controller living with a large number of family members, both by the tenant and in the personal need of the landlord by the tenant seeking the courts below. No evidence was shown. The leave application for appeal was dismissed

1983 S C M R 1087

Present: Aslam Riaz Hussain, Nasim Hasan Shah and Mian Burhanuddin Khan, JJ

SAEED MIAN ANSARI AND ANOTHER‑‑‑Petitioners

versus

AQEEL AHMAD SIDDIQUI‑Respondent

Civil Petition for Special Leave to Appeal No. 301 of 1983, decided on 11th August, 1983.

(On appeal from the judgment and order of the Sind High Court, dated 24‑5‑1983 passed in F. R. A. No. 455/81).

Constitution of Pakistan (1973)

-----Art. 185(3)‑Sind Rented Premises Ordinance (XVII of 1979), S. 15(2)(ii)‑Ejectment‑‑Landlords ought ejectment of tenant for default in payment of rent ; for subletting of premises by tenant and for in landlord's personal need‑Landlord living with his large number of family members with his mother‑Rent Controller holding landlord's need to be bona fide‑No evidence pointed out by tenant justifying inference in findings of Courts below‑Petition for leave to appeal dismissed.

Faizanul Haq, Advocate‑on‑Record for Petitioners.

Respondent in person.

Date of hearing: 11th August, 1983.

ORDER

MIAN BURHANUDDIN KHAN, J‑‑

Petitioner Saeed Mian Ansari seeks leave to appeal against the judgment and order of the Sind High Court dated 24‑5‑1983 passed in First rent Appeal No. 455 of 1981 regarding his ejectment from House No. 103, Block No. I8, Federal B' Area, Karachi.

Respondent/landlord sought ejectment on three grounds firstly that the petitioner had committed default in the payment of rent ; secondly he had sublet the house and lastly he (respondent) required the house in question for his personal need. The learned Rent Controller found that the requirement of the landlord was bona fide and he was living in his mother' house with large number of other members of his family. Learned counsel failed to point out any evidence to interfere with the finding the Courts below. The petition is, accordingly, dismissed.

M. Z. M. Petition dismissed.

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