| Case ID |
0a41f477-f653-425e-a5a8-428531b56324 |
| Body |
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| Case Number |
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| Decision Date |
Mar 21, 1990 |
| Hearing Date |
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| Decision |
The appeal was dismissed by the Sindh High Court, confirming the order of the Rent Controller that directed the appellant to vacate the demised shop within sixty days. The Court found that the landlords had a bona fide need for the premises for personal use, specifically for one of their brothers to start a separate business. The Court emphasized that the existence of other commercial properties owned by the landlords did not negate their claim of legitimate need. The evidence presented by the landlords was deemed sufficient to establish their case, and the appeal was found to lack merit. |
| Summary |
This case revolves around a dispute regarding the eviction of a tenant under the Sindh Rented Premises Ordinance. The landlords sought to evict the tenant from a shop to fulfill their personal bona fide need for a family member's business expansion. The appeal contested the legitimacy of this need, citing previous actions of the landlords as evidence of ulterior motives. However, the court upheld the landlords' claims, noting that previous tenancy agreements and existing business premises did not undermine their current request. The decision highlights the importance of bona fide needs in landlord-tenant disputes, especially in the context of commercial properties. This case serves as a precedent for similar future disputes regarding the interpretation of bona fide needs under rental laws, emphasizing that landlords can pursue eviction even when they own other commercial properties, provided they can demonstrate a genuine need for the specific premises in question. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MAMOON KAZI, J
|
| Lawyers |
S. Azizul Hassan,
Badrudduja Khan
|
| Petitioners |
Mst. SAIFIYA BAI,
Nasir Hussain
|
| Respondents |
MAMOON KAZI, J,
EBRAHIM REHMAN BHAI PRESSWALA
|
| Citations |
1993 SLD 759 = 1993 CLC 1720
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| Other Citations |
Not available
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| Laws Involved |
Sindh Rented Premises Ordinance
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| Sections |
15(2)(vii)
|