| Case ID |
026da62d-9fe2-4edd-91ca-1ac0096b3f8c |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 248 |
| Decision Date |
May 08, 1978 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for leave to appeal. The court concluded that the eviction application had clearly sought the petitioner's eviction from the entire premises and not just from one specific shop. The petitioner failed to provide any lease agreement or rent receipts to substantiate his claim of separate tenancies. The concurrent findings of the lower courts were upheld, indicating that the eviction was justified based on the respondent's need for reconstruction of the premises. |
| Summary |
In the case of Abdul Hakim vs. Abdul Aziz, the Supreme Court of Pakistan addressed the issues surrounding the West Pakistan Urban Rent Restriction Ordinance. The case revolved around the eviction of the petitioner from commercial premises in Saddar Bazar, Multan Cantonment. The respondent sought eviction for reconstruction purposes, but the petitioner argued that the eviction application only referred to one of the two shops under his occupation. The court highlighted the importance of examining the eviction application in its entirety and stressed that the petitioner did not provide sufficient evidence to support his claims. The ruling emphasized the need for proper documentation in eviction cases, particularly regarding rental agreements and evidence of tenancy. Ultimately, the court upheld the decision of the lower courts, affirming that the eviction was warranted based on the respondent's intentions and the lack of evidence from the petitioner. This case underscores the significance of clear legal definitions in rental disputes and the necessity for landlords and tenants to maintain accurate records of their agreements. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ANWARUL HAQ, C.J.,
WAHEEDUDDIN AHMAD,
MUHAMMAD AKRAM,
DORAB PATEL,
KARAM ELAHEE CHAUHAN
|
| Lawyers |
Mushtaq Masood, Advocate Supreme Court,
Sh. Masud Akhtar, Advocate on-Record
|
| Petitioners |
ABDUL HAKIM
|
| Respondents |
ABDUL AZIZ
|
| Citations |
1979 SLD 531,
1979 SCMR 256
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance (VI of 1959)
|
| Sections |
13,
17
|