case law on building.tenant, landlord did not fall within categories of specified landlords given in S. 14 (1), Sindh Rented Premises Ordinance, 1979---Landlord, thus, had no cause of action to send notice in question, on 14-4-1986.
Ref. 1993 S C M R 1652 (b).
---S14.---Bona fide personal requirement by landlord---Landlord's bona fides, although could not be investigated,. yet the real purpose for which eviction was sought did not militate against bona fide personal requirement and same could be allowed to be pressed. requirement and same could be allowed to be pressed.
Ref. 1992 S C M R 1158(d).
---S.14---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to consider whether in view of admitted position that landlord wanted to demolish the out-houses in order to erect a new construction on the plot of land, and further as the approved plan did not provide out-houses and the area occupied by the tenants' out-houses was proposed to be left vacant whether landlord could seek possession under S.14, Sindh Rented Premises Ordinance, 1979.
Ref. 1992 S C M R 1158(a).
---S.14---Ejectment application under S.14 of the Ordinance when not maintainable---One of the most important ingredients of S.14 of the Ordinance being that premises from which tenant was sought to be effected should be required for the personal use of the landlord, tenant's ability to show other wise would result in dismissal of such application of ejectment.
Ref. 1992 S C M R 1158(f).
---S.14---Ejectment on ground of reconstruction independent of S.14of Ordinance XVIIOF 1979---Effect---Where ejectment was sought on ground of reconstruction independent of provision of S.14, Sindh Rented Premises Ordinance, 1979 and according to the approved plan even if such premises were in the open space of new building, same could not be a ground for refusing ejectment for new construction was to made according to the approved plan and so long as the area occupied by the existing and disputed premises was covered by such plan either as a built up area or open space, no such objection could be raised.
Ref. 1992 S C M R 1158(e).
---S14---Landlord's requirement of premises for demolition of building and after reconstruction occupation of same for personal use---Validity---Pleas of reconstruction and personal use were not mutually destructive to each other.
Ref. 1992 S C M R 1158(c).
15. Application to Controller. (1) Where a landlord seeks to evict the tenant otherwise than in accordance with section 14, he shall make such application to the Controller.
(2) The Controller shall, make and order direction the tenant to put the landlord in possession of the premises with in such period as may be specified in the order, if he is satisfied that-
(i) the tenancy has ceased to be valid under section 6;
(ii) the tenant has failed to pay rent in respect of the premises in his possession within fifteen days after the expiry of the period fixed by mutual agreement between the tenant and landlord for payment of the rent, or in the absence of such agreement, within sixty days after the rent has become due for payment;
(iii) the tenant has, without the written consent of the landlord-
(a) handed-over the possession of the premises to some other person;
(b) used the premises for the purpose other than that for which it was let out;
(c) infringed the conditions on which the premises was let out;
(iv) the tenant has committed such acts as are likely to impair the material value or utility of the premises;
(v) the tenant has indulged in such activities as are causing nuisance to the neighbours;
(vi) the premises is required by the landlord for reconstruction or erection of a new building at the site and the landlord has obtained necessary sanction for such reconstruction or erection from the authority competent under any law for the being in force to give such sanction;
(vii) the landlord requires the premises in good faith for his own occupation or use or for the occupation or use of his spouse or any of his children.
(3) Where the landlord who has obtained the possession of the premises for the purpose of reconstruction of the building or erection of a new building, shall demolish the existing building within six months of the taking over of the possession of the premises or, as the case may be, commence the erection of the new building within two years of the taking over of the premises, and in case the landlord fails to demolish the building as aforesaid, the tenant shall be entitled to be put into possession of the premises and for the purpose he may apply to the Controller for an order in that behalf.
CASE LAW