ABDUL GHAFOOR KHAN versus SHAKEEL AHMED SIDDIQUI
Sindh Rented Prices Ordinance 1979 Section 14 Landlord's Retirement Demand for Personal Misconduct The landlord's residence may be such a request to prove goodwill and personal need in connection with the rental premises due to the landlord's retirement. In support of this, the landlord was established by adding sufficient documentary evidence where the tenant denied the landlord's claim, and alleged that the landlord was already living in his home, under his oath. The mere claim of a landlord will not be enough to establish his personal status. Due to such insufficient evidence, the tenant could not be evicted from the premises.
of evidence it cannot be said that the order passed by the Judge of Family Court is either based on mis-reading of evidence or perverse appreciation of evidence. As neither any question of jurisdiction is involved nor the judgment and decree is based on any perverse appreciation or mis-reading of evidence, no case for interference in the writ jurisdiction is made out. Learned counsel also contended that the dispute with regard to the title of the quarter is a civil liability which should have been left to be decided by a civil Court. It is true that the grant of Khula by the Court cannot be nullified on the ground that the petitioner/ plaintiff has failed to return the benefits derived during the course of marriage but in the present case this question does not arise as the respondent No.2 namely the husband of the petitioner has not challenged the decree passed by the learned family Court on the ground that it is ineffective as the petitioner has failed to restore the benefits derived by her during the course of marriage. It is, therefore, quite unnecessary to decide this contention of the petitioner in these proceedings. If such a dispute arises in future it will be resolved in accordance with law. With these observations the petition is dismissed but there will be no order as to costs.
M.Y.H./P-14/K Petition dismissed.
