| Case ID |
0020920f-eae8-47cc-940d-d39f06fd710d |
| Body |
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| Case Number |
Civil Appeal No. 275 of 1969 |
| Decision Date |
May 18, 1971 |
| Hearing Date |
Apr 22, 1971 |
| Decision |
The appeal was dismissed as the ground for ejectment, namely the bona fide requirement of the disputed shop for the landlord's own use, did not subsist after the creation of a trust by the appellant. The court found that the requirement for the shop for running a second clinic by the appellant in her individual capacity was not valid under the provisions of the West Pakistan Urban Rent Restriction Ordinance, 1959. The judges agreed that the definition of 'landlord' includes a trustee, but the use for personal purposes did not align with the requirements set forth in the ordinance. Therefore, the appeal was dismissed without costs. |
| Summary |
In the case of Civil Appeal No. 275 of 1969, the Supreme Court of Pakistan addressed the issue of ejectment under the West Pakistan Urban Rent Restriction Ordinance, 1959. The appellant, Dr. Miss I. Ali Muhammad, sought to eject her tenant, Muhammad Shafiq, claiming a bona fide requirement for her own use of the shop to run a second clinic. The court scrutinized the definition of 'landlord' and the legitimacy of the grounds for ejectment following the appellant's creation of a trust concerning her properties. The decision highlighted the distinction between personal use and trustee responsibilities, ultimately ruling that the ground for ejectment had disappeared with the establishment of the trust. This case underscores the complexities involved in landlord-tenant disputes and the legal interpretations of property laws in Pakistan. Keywords relevant to this case include 'landlord rights', 'ejectment process', 'property law', 'trust in real estate', and 'urban rent regulation'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
M. R. KHAN, J.,
WAHIDUDDIN AHMAD, J.
|
| Lawyers |
Mahmud Ali Kasuri, Senior Advocate Supreme Court,
Ejaz Ahmad, Advocate-on-Record for Appellant,
S. M. Zafar, Senior Advocate Supreme Court,
Hakam Qureshi, Advocate Supreme Court,
Raja Maqbool Ahmad, Advocate-on-Record for Respondent
|
| Petitioners |
DR. Miss I. ALI MUHAMMAD
|
| Respondents |
MUHAMMAD SHAFIQ
|
| Citations |
1971 SLD 89,
1971 PLD 494
|
| Other Citations |
Mt. Ramanandi Kuer v. Mt. Kalawati Kuer A I R 1928 P C 2,
Thiagaraja Bhagavathar v. Emperor P L D 1947 P C 103,
Sharpe v. Nicholls (1945) 2 All E R 55,
Parker v. Rosenberg (1947) 1 All E R 87,
McIntyre v. Hardcastle (1948) 1 All E R 696,
Wetherall & Co. Ltd. v. Stone (1950) 2 All E R 1209,
Piper v. Muggleton (1956) 2 All E R 249
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance, 1959
|
| Sections |
2(c),
13,
13(3)(a)(ii)
|