1. ' This appeal is directed against the order passed by the learned Rent Controller No,9, Karachi, dated 21-4-1985, ordering the eviction of the appellant on the ground of personal bona fide need of the respondent.
2. ' The appellant was the respondent's tenant in respect of residential premises, bearing No, 335, Block 16, Federal "B" Area, Karachi, at a monthly rent of Rs,100: In May 1976 the respondent filed an eviction application against the appellant on two grounds, viz., default in payment of rent since July 1975 and personal bona fide requirement of the respondent. The. Plea of default in payment of rent failed to find favour with the learned Rent Controller. He, however, was impressed by the plea of bona fide personal requirement of the demised premises by the respondent, on the basis of which he ordered ejectment of the appellant from the same.
3. ' The only contention of Mr. Ismail Padhiar, learned counsel for de appellant is that the respondent has failed to establish the bona fides of his requirement as no sufficient evidence was adduced by him in respect of such plea. Admittedly, no documentary evidence was produced by the respondent apart from his affidavit wherein in paragraph No,5 he has stated that he had retired from Government service and was living in a rented house since his retirement and consequently the demised premises were required by him for his personal bona fide use and that of his family.
4. However, the evidence, in my opinion, was not sufficient as the law places burden of proof to prove bona fides in respect of personal requirement on the landlord. The assertions of the respondent in this respect have been denied by the appellant according to whom the respondent was living in his own house. Therefore, there is word of the appellant against the word of the respondent, which, in my view, cannot establish good faith or bona fides. A tenant cannot be dispossessed from the demised premises on the basis of such evidence.
5. ' I, therefore, allow this appeal and set aside the findings of the learned Controller in respect of the personal requirement of the respondent.