| Case ID |
165a0ce1-6ded-4bba-84cd-05d27514325b |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. K-1 |
| Decision Date |
Apr 16, 1984 |
| Hearing Date |
Apr 16, 1984 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal against the eviction order. The court found that the landlord had established a bona fide requirement for the premises, supported by the evidence presented. The High Court had already affirmed the findings of the Rent Controller regarding the necessity of the eviction for personal use, considering the family size and the landlord's health issues. The petitioner failed to provide sufficient evidence to challenge these findings, and no substantial question of law was raised. Thus, the petition was deemed without merit and dismissed. |
| Summary |
In the case of Civil Petition for Special Leave to Appeal No. K-110 of 1984, the Supreme Court of Pakistan addressed the eviction of a tenant on the grounds of the landlord's personal requirement and health concerns. The court upheld the decisions of the lower courts, which had found that the landlord required the premises for his family, as the existing accommodation was inadequate. The decision emphasized the importance of evidence in establishing bona fide requirements in eviction cases, highlighting the landlord's health condition and family size as critical factors. This case reinforces the legal principles under the West Pakistan Urban Rent Restriction Ordinance regarding eviction based on personal need. It serves as an important reference for similar eviction disputes, illustrating the court's approach to balancing tenant rights with landlord needs. The ruling affirms that claims of mala fide must be substantiated with concrete evidence to succeed in challenging eviction orders. Overall, the case highlights the judicial scrutiny involved in rent disputes and the necessity for clear evidence to support claims of personal requirement and health issues in eviction cases. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
ABDUL KADIR SHAIKH,
S.A. NUSRAT,
ZAFFAR HUSSAIN MIRZA,
M.S.H. QURAISHI, JJ
|
| Lawyers |
Abdul Mujeeb Pirzada, Advocate Supreme Court,
Rashid Akhter Qureshi, Advocate-on-Record
|
| Petitioners |
MUSHTAQ AHMED KHAN
|
| Respondents |
Khawaja MUSTAFAUL HASSAN
|
| Citations |
1984 SLD 998,
1984 SCMR 1509
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
West Pakistan Urban Rent Restriction Ordinance (VI of 1959)
|
| Sections |
13,
15
|