| Case ID |
0f8c6478-33b4-4eda-94b0-050d61a43781 |
| Body |
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| Case Number |
CIVIL PETITION NO. 807 of 1984 |
| Decision Date |
Oct 09, 1984 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the leave to appeal against the Lahore High Court judgment. The court ruled that the Rent Controller had jurisdiction over the matter, determining that the premises in question fell within the definitions of 'building' and 'non-residential building' as per the West Pakistan Urban Rent Restriction Ordinance. The court upheld the finding that the need for ejectment by the landlord's sons was genuine and did not cause prejudice to the petitioner. The legal arguments regarding the application being outside the jurisdiction of the Rent Controller were rejected, affirming the lower courts' decisions. |
| Summary |
The case revolves around the application of the West Pakistan Urban Rent Restriction Ordinance in relation to the ejectment of a tenant. The Supreme Court examined the definitions of 'building' and 'non-residential building' under the ordinance and upheld the jurisdiction of the Rent Controller. The need for ejectment was established based on the genuine requirements of the landlord's sons following the landlords' demise. The court's refusal to entertain the appeal reflects a consistent application of the law regarding personal need and the rights of landlords under the Rent Restriction framework, further emphasizing the importance of adhering to the legal definitions in such cases. This decision highlights the balance between tenant rights and landlord needs, a critical aspect of property law in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL KADIR SHAIKH,
SHAFIUR RAHMAN
|
| Lawyers |
C.A. Rehman,
Ch. Ghulam Mujtaba
|
| Petitioners |
BASHIR AHMAD
|
| Respondents |
ADDITIONAL DISTRICT JUDGE GUJRANWALA
|
| Citations |
1985 SLD 841,
1985 SCMR 955
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance,
Constitution of Pakistan
|
| Sections |
2(a),
2(d),
13(3)(a)(ii),
185(3)
|