Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
First Rent Appeal No. 854 of 1981, decided on 21st December, 1983.
----S. 21‑.Ejectment‑Personal requirement of landlord‑Landlady not putting up in a house owned by her but residing with her son and his wife‑Personal requirement of landlady, held, proved‑Tenant ejected.
Mumtaz Ahmad for Appellant.
Muhammad Ahmad for Respondent.
Date of hearing : 21sc December, 1983.
This appeal is directed against the order, dated 8‑7‑1982, passed by the learned Rent Controller XVI, Karachi, in Rent Case No. 529 of 1980 dismissing the applicant's application for ejectment on the ground of her personal requirement. The applicant being aggrieved by the above order has filed the present appeal.
2. I have beard the learned counsel for the parties and I find that it is an admitted position that the appellant is not putting up in any other house owned by her. It is the case even of the respondent that the appellant is putting up with her son. In this view of the matter I am inclined to hold that the appellant hid proved her personal requirement as she is not obliged to continue to live with her married son and his wife. Admittedly she has one son, who is unmarried, though for the time being be may not be in Pakistan, but still the appellant may desire to have her own house. It was alleged by the respondent that after the retirement of the appellant's husband from the Governor House Sind, the appellant's son was employed and was allowed the same quarter in the Governor House, and therefore, the appellant continued to live in the same quarter with the son, but no documentary evidence has been produced to substantiate the above averment.
Be that as it may as I have already observed hereinabove the personal requirement of the appellant stands proved I would, therefore, allow the above appeal with no order as to costs and direct the respondent to vacate the tenement in question. However, with the consent of the Advocate for the appellant I allow one year time to the respondent to handover the vacant possession of the tenement to the appellant on the condition that in case the respondent fails to hand over the vacant possession of the premises in question on the expiry of the above period of one year, the learned Rent Controller shall issue a writ of ejectment without any further notice to the respondent.
M. Y. H. Appeal accepted.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer