| Case ID |
17310796-779b-4a47-8fe6-aad92862df25 |
| Body |
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| Case Number |
Civil Appeal No.250-K of 1986 |
| Decision Date |
Feb 01, 1989 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeal of Hafiz Abdul Malik, the landlord, against the High Court's decision which upheld the Rent Controller's dismissal of his application for eviction of tenant Muhammad Ilyas. The Court found that the landlord, being over sixty years of age, had a genuine personal need for the premises as he had no other property and had been living with his sons. The earlier litigation history indicated a bona fide requirement. The respondent was ordered to vacate the premises within four months without further notice, with a stipulation for advance rent payment during this period. No costs were awarded. |
| Summary |
In the case of Hafiz Abdul Malik vs Muhammad Ilyas, the Supreme Court of Pakistan addressed the eviction rights of a landlord under the Sind Rented Premises Ordinance of 1979. The case revolved around the landlord's claim of bona fide personal need for the rented premises, as he was over sixty years old and had been involved in prolonged litigation to evict the tenant. The Supreme Court emphasized the importance of genuine need and good faith in such eviction cases, ultimately ruling in favor of the landlord and highlighting the procedural aspects of filing for eviction under the specified ordinance. This decision underlines the protection afforded to elderly landlords in seeking their rightful residence, reinforcing the legal principles surrounding tenant eviction in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL KADIR SHAIKH,
JAVID IQBAL,
NAIMUDDIN
|
| Lawyers |
Rehanul Hassan Farooqi,
Abdul Hafeez Lakho,
Abdul Alim K. Talib,
A.Aziz Dastgir
|
| Petitioners |
Hafiz Abdul Malik
|
| Respondents |
Muhammad Ilyas
|
| Citations |
1989 SLD 922,
1989 PLD 356
|
| Other Citations |
Not available
|
| Laws Involved |
Sind Rented Premises Ordinance (XVII of 1979),
Constitution of Pakistan (1973)
|
| Sections |
14,
185(3)
|