| Case ID |
0bdb9f7f-e4bb-47ff-a87d-143d365f0ec9 |
| Body |
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| Case Number |
Civil Petition No. 25-P of 1982 |
| Decision Date |
Feb 27, 1982 |
| Hearing Date |
|
| Decision |
Leave to appeal has been sought from the judgment dated 5-2-1982 of the Peshawar High Court; whereby a second appeal arising out of an application for the eviction of the petitioners/ tenants which was filed by the respondents/landlord, was allowed. The personal requirement having been established, the learned Courts below had not approached the controversy in proper perspective. The plea of limitation was not pressed at the time of hearing of the appeal, and the question of four days delay would not have been considered as constituting laches. Although there was concurrent findings of fact by the learned Courts below on lack of bona fides regarding personal requirement of respondent No. 1, yet after hearing the learned counsel, the High Court was justified in correcting the error made by the lower courts. Therefore, the petition was dismissed. |
| Summary |
This case revolves around the eviction of tenants under the West Pakistan Urban Rent Restriction Ordinance, 1959. The Supreme Court of Pakistan addressed the issues of limitation and bona fide requirements for eviction. The landlords sought eviction based on personal requirements, asserting that the tenant's claims of mala fides were unfounded. The court ruled that the personal requirement was established, highlighting that landlords cannot be expected to remain idle during eviction proceedings. The decision emphasizes the interpretation of evidence and the application of limitation laws, providing clarity on the landlords' rights and the necessity for proper legal representation. This case is significant in landlord-tenant law, especially under the Rent Restriction Ordinance, and serves as a precedent for future eviction cases, reinforcing the need for courts to carefully evaluate the bona fides of landlords' claims. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Haleem, ACTG. C.J.,
Muhammad Afzal Zullah, J.,
Shah Nawaz Khan, J.
|
| Lawyers |
Mian Younas Shah, Advocate
|
| Petitioners |
Fazal Azim and Another
|
| Respondents |
Tariq Mahmood and Another
|
| Citations |
1982 SLD 724,
1982 PLD 218
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance, 1959,
Limitation Act, 1908,
Civil Procedure Code, 1908
|
| Sections |
15,
13,
14,
100
|