| Case ID |
20bc0721-aecb-42b9-8ea0-286d7291c5dc |
| Body |
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| Case Number |
Constitutional Petition No. S-47 of 2014 |
| Decision Date |
Jun 04, 2018 |
| Hearing Date |
May 30, 2018 |
| Decision |
The High Court found that the lower courts had erred in dismissing the landlord's claim of bona fide personal need for the rented premises. The Court emphasized that the needs of family members should be considered collectively and that the landlord is not required to specify which family member requires the property. The Court set aside the lower courts' judgments and directed the tenant to vacate the premises within 30 days. The decision underscores the protection of property rights as enshrined in the Constitution of Pakistan, affirming that the landlord's need should be viewed as a unitary family need. |
| Summary |
In the case of ZULFIQAR AHMAD KHAN vs. NAHEED HUSSAIN and others, the Sindh High Court addressed the eviction of a tenant under the Sindh Rented Premises Ordinance. The petitioner, a landlord, argued for the eviction based on personal bona fide need for family use, which was initially denied by the lower courts due to a lack of specific names. The High Court ruled that the definition of personal use includes needs of family members as a collective unit, thereby protecting the landlord's property rights. The case highlights the importance of familial relationships in tenancy laws and reaffirms the necessity for courts to consider the broader context of a family's needs when evaluating eviction claims. The ruling serves as a precedent for future cases involving family needs in tenancy disputes. Key terms include 'eviction', 'bona fide need', and 'personal use', which are trending topics in legal discussions surrounding property rights and landlord-tenant relationships. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ZULFIQAR AHMAD KHAN, JUSTICE
|
| Lawyers |
Ishrat Ali Lohar,
Irfan Ahmed Qureshi
|
| Petitioners |
ZULFIQAR AHMAD KHAN
|
| Respondents |
NAHEED HUSSAIN,
Wali Muhammad Jamari
|
| Citations |
2019 SLD 201,
2019 PLD 18
|
| Other Citations |
1994 SCMR 355,
2001 SCMR 550,
Mustafa Haji v. Umbichi 2004 (2) KLT 1110,
Gulraj Singh v. Dr. Harbans Singh 1993 AIR 1993 (?) 1574,
1978 SCMR 14,
2002 MLD 1266,
1996 SCMR 1178,
1992 SCMR 1296,
PLD 2000 Kar. 41
|
| Laws Involved |
Sindh Rented Premises Ordinance (XVII of 1979),
Constitution of Pakistan, 1973
|
| Sections |
2(g),
15(2)(vii),
23,
24,
199
|