Case ID |
1a56de82-6ced-4ba3-97c1-7a796524ab02 |
Body |
View case body. Login to View |
Case Number |
C. P. S. L. A. Nos. 541 and 550 of 1985 |
Decision Date |
Jan 20, 1986 |
Hearing Date |
|
Decision |
The petitions filed by Yousaf and Turab Ali against the judgment of the High Court were dismissed. The court held that the Mutwallis, as trustees of the Wakf property, are considered landlords under the definition provided in section 2(f) of the Sind Rented Premises Ordinance, 1979. The court emphasized that the term 'landlord' includes individuals authorized to receive rent, which applies to the Mutwallis in this case. The argument that the Mutwallis do not qualify as landlords was rejected, affirming their right to file ejectment applications based on bona fide need for personal use of the premises. The petitioners were denied the opportunity to challenge the title of their landlords as per section 116 of the Evidence Act. |
Summary |
This case revolves around the interpretation of the term 'landlord' within the context of the Sind Rented Premises Ordinance, 1979. The Supreme Court of Pakistan ruled on the petitions filed by Yousaf and Turab Ali against the High Court's dismissal of their appeals concerning eviction applications made by the Mutwallis of a Wakf property. The court clarified that the definition of 'landlord' encompasses not only property owners but also those entitled to receive rent, thereby affirming the Mutwallis' status as landlords. This decision highlights the importance of understanding legal definitions in tenancy disputes, particularly in relation to the rights of trustees and the obligations of tenants. The ruling is significant for its implications on landlord-tenant relationships, emphasizing the binding nature of accepted landlord-tenant arrangements and the limitations on tenants' ability to contest their landlords' rights. Legal practitioners and tenants should take note of this case as it sets a precedent for similar disputes in the future. |
Court |
Supreme Court of Pakistan
|
Entities Involved |
Not available
|
Judges |
ASLAM RIAZ HUSSAIN,
ABDUL KADIR SHAIKH,
S. A. NUSRAT
|
Lawyers |
Hassan Inamullah,
Haji Ameer Ahmad Khan,
Abdul Rashid Mirza,
Muzaffar Hassan
|
Petitioners |
YOUSAF,
TURAB ALI
|
Respondents |
MUHAMMAD ZUBAIR,
HAMEED ASGHAR
|
Citations |
1986 SLD 1102,
1986 PLD 154
|
Other Citations |
1976 S C M R 77
|
Laws Involved |
Sind Rented Premises Ordinance,
Evidence Act
|
Sections |
2(f),
15,
116
|