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Petitioner: Mst. UMME KHATOON VS Respondent: Mst. UMME SALMA
Court Name: Supreme Court of Pakistan Judge(s): Abdul Qadir Sheikh, S. A. Nusrat Title: Mst. UMME KHATOON vs Mst. UMME SALMA Case No.: Civil Petition No. 417-K of 1985 First Rent Appeal No. 474 of 1984 Date of Judgment:1986-03-05 Reported As: 1987 SCMR 389 Result: Leave granted
JUDGMENT
JUDGMENT S.A. NUSRAT, J.--The petitioner, landlady applied for the ejectment of respondent on the grounds of personal bona fide need and default. The rent application was allowed by the learned Rent Controller on the ground of default alone but the order of eviction was set aside by the learned Sind High Court on respondent's First Rent Appeal as per impugned judgment. 2. It was contended by the learned counsel for the petitioner that non-mentioning of personal need in the notice, dated 1-4-1978, served on respondent before the filing of rent case, was inconsequential because the petitioner had specifically pleaded in the rent application that the premises were required by her for personal need and she had also given evidence in this behalf. Reliance is placed on the judgment of this Court reported as Ghulam Hussain v. Mrs. Chaman Sultan Shafi 1980 SCMR 9. 3. The above contention needs examination. Leave to appeal is accordingly granted. Security Rs.1,000.