| Case ID |
08770729-565b-461a-9977-745583472f88 |
| Body |
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| Case Number |
Second Appeal from Order No. 12 of 1991 |
| Decision Date |
Nov 15, 1993 |
| Hearing Date |
|
| Decision |
The Lahore High Court upheld the order of eviction against the appellants, concluding that the landlord's requirement for the premises was bona fide and consistent with the provisions of the West Pakistan Urban Rent Restriction Ordinance. The court ruled that the need of one co-owner was sufficient to file an ejectment application, and the landlords had satisfactorily proven their personal need without any contradictions in their statements. The order of the First Appellate Court was maintained, allowing the landlords to evict the tenants based on their honest need for the premises, emphasizing that the evidence provided was credible and had not been misread. |
| Summary |
This case revolves around the application of the West Pakistan Urban Rent Restriction Ordinance, 1959, particularly focusing on the bona fide personal need of landlords for eviction purposes. The Lahore High Court examined whether the landlords, specifically one co-owner, could seek ejectment from the premises they owned, which was a point of contention among the parties involved. The court highlighted that a landlord's honest desire for personal use does not require absolute proof of need but must demonstrate a genuine intent. The ruling emphasized the importance of landlords being able to prove their requirement without the necessity of all co-owners joining in the application. This decision sets a precedent for future cases regarding the rights of landlords under similar circumstances, providing clarity on the interpretation of 'good faith' in eviction applications. Key trends in real estate law and tenant rights are touched upon in this case, making it relevant for ongoing discussions in property law and landlord-tenant relationships. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD NAWAZ ABBASI, J
|
| Lawyers |
Khalid Malik,
Malik Iqbal Rasool
|
| Petitioners |
MUHAMMAD DIN,
Muhammad Shafique Pehlwan
|
| Respondents |
7 others,
Ch. ZAHEER-UDDIN
|
| Citations |
1994 SLD 1251,
1994 CLC 568
|
| Other Citations |
Khalique Ahmad v. Abdul Ghani and others PLD.1973 SC 214
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance, 1959
|
| Sections |
13
|