Case ID |
165a7a68-e491-44fb-a741-61d54529c1d4 |
Body |
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Case Number |
Constitutional Petitions Nos. S-1260, 1262 and 126 |
Decision Date |
Feb 13, 2018 |
Hearing Date |
Dec 20, 2017 |
Decision |
The Sindh High Court dismissed the constitutional petitions filed by the petitioners, affirming the eviction order passed by the Appellate Court. The court held that the landlady's need for the rented premises was substantiated through the testimony of her attorney, who was her son. The evidence presented was deemed credible and not undermined during cross-examination. The court emphasized that the personal bona fide need of a landlady could be established through an attorney, particularly when the attorney was a close relative. The judgments of the lower courts were upheld, and the petitioners' arguments regarding the procedural inadequacies were rejected, leading to a confirmation of the eviction order. |
Summary |
This case revolves around the eviction of tenants under the Sindh Rented Premises Ordinance, focusing on the personal bona fide need of the landlady, Mst. Rukhsana Begum. The court ruled in favor of the landlady, allowing her attorney, her son, to represent her in the proceedings. The court established that the testimony of the attorney was sufficient to prove the landlady's need for the premises, thus validating the eviction order. The ruling underscores the importance of credible evidence and the ability of attorneys to represent clients in cases where personal appearance is not feasible. The decision reinforces the standards for establishing bona fide need, particularly in landlord-tenant disputes, making it a significant reference for future cases. |
Court |
Sindh High Court
|
Entities Involved |
Not available
|
Judges |
MRS. ASHRAF JAHAN
|
Lawyers |
Abdul Hameed Bhopali,
Ms. Tabassum Hashmat,
Arif Khan
|
Petitioners |
ANOTHER,
MUHAMMAD AKRAM
|
Respondents |
2 OTHERS,
XTH ADDITIONAL DISTRICT AND SESSIONS JUDGE
|
Citations |
2018 SLD 1255,
2018 CLC 940
|
Other Citations |
Mst. Jehan Ara through Attorney v. Raja Zafarullah Janjua PLD 2003 SC 277,
Shakeel Ahmed and another v. Muhammad Tariq Farogh and others 2010 SCMR 1925
|
Laws Involved |
Sindh Rented Premises Ordinance
|
Sections |
15
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