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Petitioner: Mrs. HAFEEZA BEGUM VS Respondent: ABDUL GHAFFAR
Court Name: Supreme Court of Pakistan Judge(s): Khalil-Ur-Rehman Khan, Munir A. Sheikh Title: Mrs. HAFEEZA BEGUM vs ABDUL GHAFFAR Case No.: Civil Petition for Leave to Appeal No.353-K of 1998 Appeal No.328 of 1991 Date of Judgment:1999-11-18 Reported As: 2000 SCMR 1917 Result: Leave granted
Judgment ORDER ' KHALIL-UR-REHMAN KHAN, J.---The petitioner filed an eviction petition seeking ejectment of the respondent from the demised premises of Property No.L126/1, Block 13-G, Gulshan-e-Iqbal, Karachi, on the ground of default in payment of rent, personal bona fide need, impairing the utility of the disputed premises and nuisance. Learned Rent Controller after framing necessary issues and recording the evidence of the, parties rejected the application vide order, dated 7-5-1991. The first appeal of the petitioner/landlady met the same fate vide judgment, dated 24-3-1998 passed by a learned Judge of the High Court of Sindh, Karachi. Hence this petition seeking leave to appeal on the grounds that the learned Rent Controller rejected the application without applying judicious mind to the evidence on record and also by non-reading and misreading of material piece of evidence specially on the question of bona fide personal need. It is also urged that the learned Judge of the High Court in the impugned judgment has failed to advert to the challenge made before him to the finding on the question of bona fide personal need, default in payment of rent and impairing value and utility of the property in dispute. 2. We have gone through the impugned judgment of the learned Judge of the High Court and find that only the questions of default and nuisance have been dealt with therein and there is no discussion with respect to the issue of bona fide personal need and the impairing the value and utility of the premises. Hence, grievance of the petitioner needs to be examined. Leave to appeal is, therefore, granted.