| Case ID |
0095b0ad-2644-4d94-9501-f4824ac26d9c |
| Body |
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| Case Number |
First Rent Appeal No. 107 of 1987 |
| Decision Date |
Mar 10, 1994 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the appeal filed by Attiya Badar, thereby upholding the decision of the Rent Controller, Hyderabad, which had dismissed her rent application No. 212 of 1983. The court concluded that Attiya Badar failed to substantiate her claim of personal bona fide need for the eviction of Haji Munshi Khan from the disputed shop premises. Despite the appellant's submission of affidavits and references to previous cases, the court determined that the evidence provided did not convincingly demonstrate the genuine necessity for her personal use of the premises. Additionally, the appellant did not specify the nature of the intended business or provide sufficient justification for requiring the shop in a congested locality, thereby undermining her case for eviction on the grounds of personal need. |
| Summary |
In the landmark case of First Rent Appeal No. 107 of 1987, adjudicated by the Sindh High Court on March 10, 1994, the appellant, Attiya Badar, contested the dismissal of her rent application seeking the eviction of respondent Haji Munshi Khan from the commercial premises located at C.S. No. F/61-1038 Qazi Abdul Qayoom Road, Hyderabad. The crux of the dispute hinged on the grounds of personal bona fide need as stipulated under Section 15(2)(vii) of the Sindh Rented Premises Ordinance (XVII of 1979). Despite presenting affidavits and referencing multiple precedents, including Noor Muhammad and another v. Mehdi PLD 1991 SC 711 and Mst. Toheed Khanan v. Muhammad Shamshad 1980 SCMR 593, the court found the appellant's claims insufficient. The appellant argued that her medical condition, asthma, necessitated relocating her business, but failed to detail the nature of the intended enterprise or demonstrate its viability in a congested area. Additionally, the respondent maintained that the rent was being duly paid into court, negating the appellant's claim of default. The judgment meticulously analyzed previous case laws, emphasizing the necessity for landlords to provide concrete evidence of genuine personal need beyond mere statements. Ultimately, the Sindh High Court upheld the Rent Controller's decision, dismissing the appeal and underscoring the stringent requirements for eviction based on personal bona fide needs. This case underscores the judiciary's commitment to safeguarding tenants' rights while balancing landlords' legitimate interests, setting a pivotal precedent in rent-related litigations within Sindh. |
| Court |
Sindh High Court
|
| Entities Involved |
Attiya Badar,
Haji Munshi Khan,
Mst. Hafza Begum,
Wajihuddin,
Iqbal Wajih
|
| Judges |
Mukhtar Ahmed,
Junejo, J
|
| Lawyers |
Hassan Mehmood Baig,
Abdul Hamid Khan
|
| Petitioners |
Attiya Badar
|
| Respondents |
Haji Munshi Khan
|
| Citations |
1994 SLD 1405 = 1994 CLC 1875
|
| Other Citations |
Noor Muhammad and another v. Mehdi PLD 1991 SC 711,
Mst. Toheed Khanan v. Muhammad Shamshad 1980 SCMR 593,
Mst. Zehra Begum v. M/s. Pakistan Burmah Shell Limited 1992 SCMR 943,
Agaria Amir Ali v. Abdul Majid 1993 SCMR 67,
Qamaruddin v. Hakim Mahmood PLD 1983 Kar. 570,
Allied Bank of Pakistan v. Abdul Majeed through his L.Rs. and others 1985 CLC 1518,
Mukhtar Hussain v. Mehar Illahi and others 1992 MLD 318,
Mohiuddin Khan v. Muhammad Sharif 1992 MLD 2428,
Sultan Press Limited v. Muhammad Hassan PLD 1985 Kar. 624,
Noor Ahmed and another v. Khawaja Imran Ahmed 1988 CLC 1041,
Malik Islam Akber v. Mustafa Hussain 1992 CLC 1753,
State v. Punnu Khan and others PLD 1984 SC (AJ&K) 1,
Government of Sindh and others v. Muhammad Usman and others 1984 CLC 3406,
Abdul Qadeer v. Azimuddin 1987 CLC 234,
Hassan Khan v. Mrs. Munawar Begum PLD 1976 Kar. 832,
Muhammad Hashim v. Mst. Alima Khatoon 1987 MLD 437,
Syed Muhammad Ali v. Mst. Aisha 1984 CLC 2332,
National Bank of Pakistan v. Wadhomal 1985 CLC 1053,
Abdul Qadeer v. S. Azeemuddin Ahmed 1987 CLC 2347
|
| Laws Involved |
Sindh Rented Premises Ordinance (XVII of 1979)
|
| Sections |
S. 15(2)(vii)
|