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Civil Petition for Leave to Appeal No. K/524 of 1984, decided on 9th December, 1984.
(On appeal from the judgment and order of Sind High Court dated 21‑8‑1984 in 1st Rent Appeal No. 584 of 1981).
‑‑‑Art. 185(3)‑‑Sind Rented Premises Ordinance (XVII of 1979), S.21‑ Ejectment‑‑Personal need of son of landlord‑‑Leave to appeal granted by Supreme Court where evidence on record required re‑examination in view of contradictory statements by landlord and his son.
M. K. M. Idris and Faizanul Haq for Petitioner.
Ali Akbar for Respondent.
Date of hearing: 9th December, 1984.
The petitioner is the landlord and the respondent is tenant of Shop No. 2 Afzal Maret, Masan Road, Karachi. The petitioner filed an ejectment application against the respondent on the ground of bona fide need of his son Ahsanul Haque and for default in payment of rent. The Rent Controller granted the ejectment application against the respondent on the ground of personal' need of the son of petitioner. First Rent Appeal was filed in the High Court and a learned Judge, per impugned order, dated 21‑8‑1984, reversed the finding of the learned Rent Controller about the bona fide need of the petitioner on the ground that the respondent has suggested in his written statement that Shop No. 6 was rented out to one Tariq during the pendency of the case and the said statement was not denied by the petitioner.
2. Learned counsel for the petitioner has urged that this finding is not based on the correct reading of the evidence; that there is nothing on the record to conclusively hold that Shop No. 6 was let out to Tariq during the pendency of the case and warrant the upsetting of the definite finding of the Rent Controller about the bona fide need of the shop for his son Ahsanul Haque.
3. We have today granted leave in Civil Petition for Leave to Appeal No. K/360 of 1984 for re‑examination of the record. We grant leave in this case too for the same purpose. Security rupees one thousand only.
Appeal to be heard on the present record with liberty to the parties to file additional documents, if so desired.
A. A. Leave granted.
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