BASHIR AHMAD vs MUHAMMAD HANIF AND ANOTHER — 1966 PLD 733

Citation: 1966 PLD 733

Court: Sindh High Court

Year: 1971

Decision Date: 1971-09-20

Parties: BASHIR AHMAD vs MUHAMMAD HANIF AND ANOTHER

Headnotes

Case cited as PLD 1966 Lah. 733

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Haleem Title: BASHIR AHMAD vs MUHAMMAD HANIF AND ANOTHER Case No.: Second Appeal No. 31 of 1969 Date of Judgment:1971-09-20 Reported As: PLD 1972 Karachi 98 Result: Appeal allowed JUDGMENT JUDGMENT This second appeal is against the judgment dated 30th November 1968 passed by the District Judge, Hyderabad, by which he allowed the appeal of respondent No. 1 and set aside the order of eviction dated 11th August 1967. 2. Admittedly the appellant is the owner of disputed shop No. B/19-839 situated in Shahi Bazar, Hyderabad, while respondent No. 1 is its tenant. The appellant sued for this eviction upon the grounds of default, subletting, making alterations in it and for his own bona fide use. The Rent Controller vide order dated 11th August 1967 repelled the first three grounds but ordered eviction on the fourth ground, that the appellant required the shop in good faith for his own use. On appeal the learned District Judge set aside the finding on this ground and dismissed the application. 3. The appellant in para. 8 of the application stated that he required it "for his bona fide use". Respondent No. 1 while denying it in para. 10 of his objections pleaded that he should strictly prove his contention regarding his personal use. In the proceedings before the Rent Controller, only the appellant and respondent No. 1 were examined. The appellant in his evidence stated that he required the shop for his personal use, that he had no…

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