233/2016 Const. P. Muhammad Aslam (Petitioner) V/S Mst. Fozia Aqeel Zaheer Lari and Others (Respondent)

233/2016 Const. P. Muhammad Aslam (Petitioner) V/S Mst. Fozia Aqeel Zaheer Lari and Others (Respondent) Sindh High Court

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 08-JAN-18

The personal bona fide need of the landlord/landlady is measured on the basis of a gauge which is dependent upon consistent and conscious inspiring evidence and the existence of such evidence provides presumption as to existence of genuineness unless evidence contrary to such bona fide requirement is available. The touchstone provided by the Honble Supreme Court in such circumstances is that the landlord/landlady should be expressive as to the insufficiency of space already in possession. She may have obtained possession of any adjacent premises under section 14 of the Sindh Rented Premises Ordinance, 1979 but bona fide requirement of subject shop is to be determined on the basis of available evidence. The bona fide requirement also get disturbed or shaken when the landlady was found to have let out other premises or found to have handed over possession of the premises, which was the subject matter of connected rent application, wherein the very premises required for personal need (as could be ascertained from evidence) was handed over to other tenant irrespective of the fact if it was acquired under 14 of the Sindh Rented Premises Ordinance, 1979