| Case ID |
036e625f-4f25-4b76-b037-2419edb59b56 |
| Body |
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| Case Number |
First Rent Appeals Nos.1112, 1113, 1114 and 1115 o |
| Decision Date |
Nov 28, 2008 |
| Hearing Date |
Nov 20, 2008 |
| Decision |
The Sindh High Court dismissed the rent appeals filed by the appellants challenging the maintainability of the ejectment application filed by the landlord, the National Bank of Pakistan. The Court upheld the Rent Controller's decision that the landlord's need for the premises was bona fide, as it aimed to relocate its regional headquarters and convert the existing premises into a corporate branch. The Court found that the landlord had not only provided sufficient evidence of its intention but also that the tenants had enjoyed the premises since 1970 without prior disputes. The Court ruled that the Cantonments Rent Restriction Act, 1963 applied to the case, and the objections raised by the appellants regarding the authority of the landlord's attorney were unsubstantiated. As such, the decision to evict the tenants was maintained, and the appeals were dismissed. |
| Summary |
In the case of First Rent Appeals Nos.1112, 1113, 1114 and 1115 of 2000, the Sindh High Court addressed the application of the Cantonments Rent Restriction Act, 1963 concerning the eviction of tenants from premises owned by the National Bank of Pakistan. The landlord sought to reclaim the property on the basis of bona fide personal need, specifically for relocating its regional headquarters and expanding services. The Court highlighted that the attorney representing the landlord had the requisite authority and that the application had been filed competently. The lengthy tenure of the tenants, dating back to 1970, was noted, yet the Court found that the landlord's need was genuine and substantiated by evidence. The decision set a precedent regarding the interpretation of landlord rights under the Cantonments Rent Restriction Act and reinforced the standard for establishing bona fide need in eviction cases. This case is significant for understanding the balance between tenant rights and landlord requirements in commercial real estate disputes. |
| Court |
Sindh High Court
|
| Entities Involved |
NATIONAL BANK OF PAKISTAN
|
| Judges |
MUNIB AHMAD KHAN, J
|
| Lawyers |
Shahenshah Hussain for Appellants,
Zubair Quraishy for Respondent
|
| Petitioners |
DESIYON DAVID & HICKS through Proprietor and others
|
| Respondents |
NATIONAL BANK OF PAKISTAN through Regional Headquarter
|
| Citations |
2009 SLD 502,
2009 CLC 449
|
| Other Citations |
PLD 1971 SC 550,
2000 SCMR 472,
PLD 1999 Kar. 260,
PLD 1985 Kar. 624,
PLD 1986 Kar. 637,
1999 CLC 1676,
1989 SCMR 1336,
1990 SCMR 1070,
1996 SCMR 97,
1996 SCMR 1178,
1990 MLD 538
|
| Laws Involved |
Cantonments Rent Restriction Act, 1963
|
| Sections |
17,
2(G),
17(6)
|