| Case ID |
163db455-24ef-41c8-a40a-d23f9141ac9f |
| Body |
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| Case Number |
Constitutional Petition No.S-31 of 2012 |
| Decision Date |
Jul 22, 2013 |
| Hearing Date |
Feb 26, 2013 |
| Decision |
The Sindh High Court dismissed the constitutional petition filed by the petitioner, Mst. Rehana Hafeez, challenging the decisions of the lower courts regarding the ejectment of the petitioner from the rented premises. The court upheld the findings of the lower courts, stating that the landlord had established a bona fide need for the premises for personal use, which was not adequately rebutted by the tenant. The court emphasized that the relationship between landlord and tenant was recognized and that any objections raised by the tenant regarding ownership were unfounded. The decision reinforced the principle that concurrent findings of fact by lower courts should not be disturbed unless grave illegality or jurisdictional error is demonstrated. |
| Summary |
The case revolves around a constitutional petition concerning the ejectment of Mst. Rehana Hafeez from a rented shop, filed by the legal heirs of Muhammad Ali. The crux of the case dealt with the interpretation of the Sindh Rented Premises Ordinance, particularly the grounds for ejectment based on personal bona fide need. The petitioner contested the landlord-tenant relationship and the legitimacy of the landlords' claim to personal use. However, the court ruled in favor of the landlords, citing the absence of substantial evidence from the tenant to challenge the need asserted by the landlords. This case highlights critical aspects of tenancy laws in Pakistan, particularly the rights of landlords under the Sindh Rented Premises Ordinance, and the evidentiary burden on tenants to substantiate claims against eviction. Keywords: Ejectment, Sindh Rented Premises Ordinance, personal bona fide need, landlord-tenant relationship, constitutional jurisdiction, High Court. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
AQEEL AHMAD ABBASI, J
|
| Lawyers |
Hafiz Abdul Baqi,
Muhammad Habib Jalib
|
| Petitioners |
Mst. REHANA HAFEEZ
|
| Respondents |
MUHAMMAD ALI alias EHSAN through L.Rs.
|
| Citations |
2014 SLD 1776 = 2014 CLC 1242
|
| Other Citations |
Muhammad Hanif and another v. Muhammad Jamil Turk and 5 others 2002 SCMR 429,
Messrs F.K. Irani & Co. v. Begum Feroze 1996 SCMR 1178,
Juma Khan and others v. Mst. Bibi Zenaba and others PLD 2002 SC 823,
Muhammad Nadeem Arif and others v. Inspector-General of Police, Punjab, Lahore and others 2011 SCMR 408
|
| Laws Involved |
Sindh Rented Premises Ordinance, 1979,
Constitution of Pakistan,
Civil Procedure Code, 1908
|
| Sections |
15,
2(f),
2(g),
199,
O. XX, R. 1(2)
|