| Case ID |
17755af7-6b31-4a3f-82fc-180d3a56e2c2 |
| Body |
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| Case Number |
Civil Appeal No. 47 K of 1992 |
| Decision Date |
Jun 07, 1993 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeal of the landlord. The Court found that the High Court's decision to exclude the premises from the Sindh Rented Premises Ordinance due to its classification as a hotel was not justified. The Court emphasized that the premises were rented out as a shop and that the tenant's unauthorized conversion of the shop into a restaurant constituted grounds for eviction. The case was remanded to the High Court to decide on the merits of the case, particularly focusing on the nature of the premises and the tenant's actions. |
| Summary |
In the case of Shafiqur Rahman vs. Haji Agha Hassan, the Supreme Court of Pakistan examined the implications of the Sindh Rented Premises Ordinance concerning the classification of rented properties. The landlord filed an appeal against a High Court decision that deemed the rented premises as a hotel, thus exempting them from the Ordinance. The Supreme Court clarified the definitions of 'hotel' and 'restaurant', stressing the tenant's unauthorized conversion of the shop into a restaurant. This decision is pivotal for understanding rental agreements and tenant rights within Pakistan's legal framework. Keywords such as 'Sindh Rented Premises Ordinance', 'landlord rights', and 'tenant eviction' are crucial for legal practitioners and scholars studying property law in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
AJMAL MIAN,
SALEEM AKHTAR
|
| Lawyers |
Mirza Abdul Rashid,
MA.I. Qarni,
A.F.M. Mukaram,
Faizanul Haq
|
| Petitioners |
Shafiqur Rahman
|
| Respondents |
Haji Agha Hassan
|
| Citations |
1995 SLD 569,
1995 SCMR 313
|
| Other Citations |
Zaffar Ali v. Allah Bachayo PLD 1989 SC 294
|
| Laws Involved |
Sindh Rented Premises Ordinance (XVII of 1979),
Constitution of Pakistan (1973)
|
| Sections |
2(h),
185(3)
|