| Case ID |
14b264a0-3bf2-4a57-8fef-058e791b44e2 |
| Body |
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| Case Number |
Civil Petition No. 607-R of 1989 |
| Decision Date |
Jan 08, 1990 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal concerning whether a landlady, particularly an illiterate housewife, can eject her tenant on the grounds of wanting to establish a joint business with her husband or family members. The Court referred to previous judgments, establishing that this matter was no longer a novel legal question. In particular, it cited the Sindh High Court case of Messrs Bombay Corporation v. Mst. Amna Begum and the Supreme Court case of Parvaiz Akhtar v. Dr. Muhammad Ahsan, affirming that a landlady can seek ejectment under specific conditions outlined in the Cantonments Rent Restriction Act. The Court found that the petitioner's arguments lacked thoroughness and thus the interim order was vacated. |
| Summary |
This case revolves around the interpretation of the Cantonments Rent Restriction Act, specifically regarding the rights of a landlady to eject a tenant due to personal needs. The Supreme Court of Pakistan addressed whether an illiterate housewife could claim the right to eject based on her desire to establish a business in conjunction with her family. The ruling clarified the legal standing established in previous cases, thereby reinforcing the application of Section 17(4)(b)(i) of the Act. This decision is significant for tenants and landlords alike, as it delineates the conditions under which ejection can occur, and underscores the importance of legal precedents in shaping property rights. Key legal terms include 'ejectment', 'landlady rights', 'Cantonments Rent Restriction Act', and 'judicial precedents'. Understanding these concepts is crucial for both legal practitioners and individuals navigating rental agreements. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIM HASAN SHAH,
S. USMAN ALI SHAH,
MUHAMMAD ZAMAN
|
| Lawyers |
Mr. K. M.A. Samdani
|
| Petitioners |
Mr. K. M.A. Samdani
|
| Respondents |
Not available
|
| Citations |
1991 SLD 1173,
1991 SCMR 1307
|
| Other Citations |
Messrs Bombay Corporation v. Mst. Amna Begum 1986 CLC 1628,
Parvaiz Akhtar v. Dr. Muhammad Ahsan and others PLD 1988 SC 734
|
| Laws Involved |
Cantonments Rent Restriction Act,
Constitution of Pakistan
|
| Sections |
17(4)(b)(i),
185(3)
|