| Case ID |
160649f9-a844-4ddc-94ff-610e94408c62 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 19-K of 198 |
| Decision Date |
Mar 17, 1986 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the High Court's decision dismissing the appeal, confirming that the remand order was not challenged by the petitioner and therefore could not be contested in the final appeal. The court found no merit in the claims regarding the landlord's bona fide personal requirement, affirming that the evidence presented supported the High Court's conclusion. The petition was dismissed, and leave to appeal was refused. |
| Summary |
In the landmark case of Civil Petition for Leave to Appeal No. 19-K of 1986, the Supreme Court of Pakistan addressed critical aspects of landlord-tenant law under the Sind Rented Premises Ordinance. The case arose when the landlord sought the eviction of the tenant based on grounds of default and personal requirement. The Rent Controller initially dismissed the application but allowed a subsequent appeal that led to a remand for fresh consideration. The Supreme Court ultimately upheld the High Court's decision, reinforcing the principle that once a remand order is not contested, it remains binding in subsequent appeals. This decision emphasizes the importance of procedural integrity in landlord-tenant disputes and affirms the courts' role in assessing the bona fides of personal requirements. The ruling is significant for practitioners in the field of property law and highlights the complexities involved in eviction cases, particularly those involving claims of personal need by landlords. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
S. A. NUSRAT,
ZAFFAR HUSSAIN MIRZA
|
| Lawyers |
Akhlaq Ahmad Siddiqui,
Muzaffar Hussain
|
| Petitioners |
KHALIL AHMAD KERSHI
|
| Respondents |
NOOR MUHAMMAD
|
| Citations |
1986 SLD 897,
1986 SCMR 1464
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Sind Rented Premises Ordinance (XVII of 1979)
|
| Sections |
185(3),
15,
21
|