| Case ID |
20b7f588-b4e4-42b5-9d0d-0f64ff5ff8e8 |
| Body |
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| Case Number |
Civil Petition No.208/K of 2006 |
| Decision Date |
Jul 18, 2006 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal against the judgment of the Sindh High Court, which upheld the Rent Controller's decision dismissing the ejectment application. The petitioner failed to prove the existence of a landlord-tenant relationship and the ownership of the premises in question. The Court noted that documentary evidence was lacking, and the petitioner could not substantiate claims regarding the ownership derived from gifts or purchases from family members. The Court reiterated that mere mutation does not confer ownership and emphasized the necessity of providing substantial evidence to establish landlord rights. |
| Summary |
In the case of Haji Muhammad Anwar vs. Muhammad Ahmed and others, the Supreme Court of Pakistan addressed a dispute concerning the ownership and tenancy of a residential property under the Sindh Rented Premises Ordinance. The petitioner, Haji Muhammad Anwar, claimed to be the landlord of the premises but faced opposition from the respondent, Muhammad Ahmed, who denied the landlord-tenant relationship and asserted his own rights over the property based on inheritance. The Rent Controller initially dismissed the ejectment application, leading to an appeal that was overturned by an appellate court. However, the High Court later restored the original ruling, stating that the petitioner failed to provide adequate proof of ownership. The Supreme Court ultimately upheld this decision, emphasizing the importance of establishing legal ownership and the relationship between landlord and tenant through solid evidence, rather than relying on oral claims or undocumented gifts. This case highlights the complexities of property law in Pakistan and reinforces the necessity for clear documentation in tenancy disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
RANA BHAGWANDAS,
SAIYED SAEED ASHHAD
|
| Lawyers |
Rasheed A. Razvi, Advocate Supreme Court,
Aziz Khan, Advocate-on-Record,
Ahmedullah Faruqi, Advocate for Respondent
|
| Petitioners |
Haji MUHAMMAD ANWAR
|
| Respondents |
MUHAMMAD AHMED and others
|
| Citations |
2007 SLD 1540,
2007 SCMR 1961
|
| Other Citations |
PLD 1985 SC 1,
Muhammad Ishaq v. Khurshid Alain PLD 1989 SC 353,
Haji Ghulam Rasool and others v. The Chief Administrator of Auqaf, West Pakistan PLD 1971 SC 376,
Muhammad Ali and 25 others v. Hassan Muhammad and 6 others PLD 1994 SC 245
|
| Laws Involved |
Sindh Rented Premises Ordinance (XVII of 1979),
Constitution of Pakistan (1973)
|
| Sections |
2(f),
2(j),
15,
Art.185(3)
|