| Case ID |
03b29a06-b3bf-4b82-948c-e242563e50ed |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 93-K of 198 |
| Decision Date |
May 27, 1985 |
| Hearing Date |
May 27, 1985 |
| Decision |
The Supreme Court dismissed the petition for leave to appeal, ruling that the inference drawn by the Rent Controller regarding the landlady's need for the premises was erroneous. The court held that the landlady's claim for personal occupancy was valid and could not be rejected solely based on her living arrangements with her husband. The decision of the High Court, which ordered the eviction of the petitioner, was upheld, reinforcing the landlady's right to occupy her own property despite the claims of better accommodation elsewhere. |
| Summary |
In the case of Civil Petition for Leave to Appeal No. 93-K of 1985, the Supreme Court of Pakistan addressed issues surrounding the Sind Rented Premises Ordinance and the right of a landlady to reclaim her property for personal use. The case revolved around the petitioner's eviction from a rented flat, with the landlady asserting her need for the premises due to her age and living conditions. The Rent Controller initially dismissed her request, citing a lack of bona fide need, as the landlady lived with her husband in a better house. However, the High Court reversed this decision, leading to the Supreme Court's review. The court emphasized that a woman has the legal right to assert her claim to live in her own home, regardless of her husband's living situation. This case highlights the importance of individual property rights and the interpretation of laws affecting tenant-landlord relationships. Key terms include eviction, personal need, and the legal rights of women in property matters. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL KADIR SHAIKH,
ZAFFAR HUSSAIN MIRZA
|
| Lawyers |
Q.M. Rasheedi,
M.A.I. Qarni,
Akhtar Mehmood
|
| Petitioners |
MUHAMMAD ABDUL RAUF
|
| Respondents |
Mst. MAHMOODA BEGUM
|
| Citations |
1985 SLD 1029,
1985 SCMR 1960
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Sind Rented Premises Ordinance (XVII of 1979)
|
| Sections |
Art. 185(3),
Ss. 14,
S. 21
|