| Case ID |
1f71edfa-7613-4b80-9e84-aeaf3382bb80 |
| Body |
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| Case Number |
Civil Appeal for Special Leave to Appeal No. 267 o |
| Decision Date |
Apr 18, 1982 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan refused the leave to appeal regarding the eviction of the petitioner from commercial premises based on the grounds of bona fide personal need, default in rent payment, damage, and nuisance. The court found that the landlady had not established the suitability of the accommodation available to her during the proceedings, which was crucial to the case. The District Judge's failure to apply the correct legal tests regarding the landlady's choice and suitability of the premises led to the conclusion that there was no misdirection of law that warranted the High Court's constitutional jurisdiction. Consequently, the petition was dismissed, but the petitioner was granted a two-month period to voluntarily surrender possession, contingent on the continued payment of rent. |
| Summary |
In the case of Muhammad Younis Malik vs. District Judge Lahore, the Supreme Court of Pakistan addressed the eviction of a tenant under the West Pakistan Urban Rent Restriction Ordinance. The landlady, a widow, sought eviction on multiple grounds, including personal need and rent default. The Supreme Court found that the landlady did not adequately prove that the accommodation available to her was unsuitable. This case highlights key legal principles regarding tenant rights, eviction processes, and the evidential burden placed on landlords seeking to evict tenants. The court's decision emphasized the importance of establishing genuine need and suitability of available premises, making it a significant reference for future landlord-tenant disputes. The ruling underscores the balance between tenant protections and landlords' rights, which is a trending topic in property law. Keywords such as tenant rights, eviction law, and landlord-tenant disputes are essential for understanding the implications of this case. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, ACTG. C.J.,
SHAFIUR REHMAN,
ZAFFAR HUSSAIN MIRZA
|
| Lawyers |
S. M. Zafar, Senior Advocate Supreme Court,
Muhammad Aslam Chaudhry, Advocate-on-Record,
Sh. Zia Ullah, Advocate Supreme Court,
Rana M. A. Qadri, Advocate-on-Record
|
| Petitioners |
MUHAMMAD YOUNIS MALIK
|
| Respondents |
DISTRICT JUDGE LAHORE ETC.
|
| Citations |
1982 SLD 491,
1982 SCMR 834
|
| Other Citations |
Pope Appliance Corporation v. Span River Paper Mills Ltd. A I R 1929 P C 38
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance,
Constitution of Pakistan
|
| Sections |
S. 13,
Arts. 199,
Arts. 185(3)
|