2038/2015 Const. P. Ashraf Suleman (Petitioner) V/S IXth ADJ (South), Karachi & others (Respondent)
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
2038/2015 Const. P. Ashraf Suleman (Petitioner) V/S IXth ADJ (South), Karachi & others (Respondent) Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 14-MAY-18
in order to avail a remedy under section 14 of the SRPO, 1979 the applicant/landlord is required to establish his personal need. In that case there would be no distinction left between section 14 and 15(2)(vii) of the SRPO, 1979 and the object of scheme and the purpose for which it was provided would be frustrated. The provisions of Section 14 is meant for a particular class of a landlord and hence the burden of establishing bona fide requirement or even a requirement was lifted. Section 14 has its own barrier and it is not an un-probed provision. Subsection (2) of Section 14 of the SRPO provides that nothing in this subsection shall apply where the landlord has rented out a building after he has retired or attained the age of 60 years or, as the case may be, i.e. landlord has become widow or orphan. Advocates: Islamuddin(ADVO-4054-SBC-KHI),Adnan Usman(ADVO-9736-SBC-KHI),Muhammad Ali Lakhani(ADVO-13611-SBC-KHS),Mohammad Ali Waris(ADVO-4491-SBC-KHC)