| Case ID |
0072cb3b-5a73-4561-be11-4dfeebb57a63 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.32-K of 1990 |
| Decision Date |
Jan 18, 1990 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the concurrent findings of the lower courts regarding the bona fide personal requirement of the landlord. It concluded that the landlord had proved the necessity for residential accommodation given the growing family size. The court ruled that the lease agreement, which lacked proper registration, was void and did not grant the tenant perpetual rights. The court refused to grant leave for appeal as the legal arguments presented were found to be without merit and the bona fide requirement was substantiated. |
| Summary |
The case revolves around the ejectment of a tenant under the Sindh Rented Premises Ordinance, 1979, where the landlord sought to reclaim possession of the property based on personal requirements. The Supreme Court of Pakistan analyzed the validity of the lease agreement and the necessity for registration under the Transfer of Property Act and Registration Act. The court emphasized the importance of following legal protocols in lease agreements and upheld the lower court's findings that the landlord's requirements were genuine and justified. The court's decision highlights the intersection of landlord rights and tenant protections under the law, establishing a precedent for future cases involving personal requirements for property use. Key phrases such as 'ejectment of tenant', 'bona fide personal requirement', and 'registered lease agreement' are crucial for understanding the legal landscape surrounding property rights in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
MUHAMMAD AFZAL ZULLAH, C.J.,
AJMAL MIAN, J
|
| Lawyers |
Mr. Iqbal Kazi
|
| Petitioners |
HABIB BANK LIMITED
|
| Respondents |
Dr. MUNAWAR ALI SIDDIQUI
|
| Citations |
1991 SLD 1122,
1991 SCMR 1185
|
| Other Citations |
Mrs. Zehra Begum v. Messrs Pakistan Burmah-Shell Ltd. P L D 1984 SC 38,
Mrs. Zarina Khawaja v. Agha Mahboob Shah P L D 1988 S C 190,
Darbari Lal Mudi and others v. Raneegano Coal Association Ltd. A I R 1944 Pat. 30,
Maharaja Srish Chandra Nandi v. Doa Muhammad Byapart and others A I R 1939 Cal. 77,
Khayali v. Husain Bakhsh and another ILR 8 All. 198
|
| Laws Involved |
Sindh Rented Premises Ordinance, 1979,
Transfer of Property Act, 1882,
Registration Act, 1908
|
| Sections |
15,
107,
106,
17(d),
49
|