| Case ID |
214f8e13-bfcc-49c1-8e4f-53e79b29b7b0 |
| Body |
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| Case Number |
Civil Appeal No. 18-Q of 1987 |
| Decision Date |
Jun 02, 1988 |
| Hearing Date |
Jun 02, 1988 |
| Decision |
The Supreme Court of Pakistan allowed the appeal by consent of the parties involved. The impugned judgment of the Baluchistan High Court was set aside, and the case was remanded to the High Court for further inquiry. The inquiry is to be held either by the High Court itself or through the Rent Controller, as per the provisions of section 15(6) of the Baluchistan Rent Restriction Ordinance, 1959. The critical question to be determined is whether the accommodation that the landlord obtained during the pendency of the appeal, along with other accommodations already in his possession, is unsuitable for his needs, thus disqualifying the eviction of the respondent from the premises in question. The parties are instructed to bear their own costs. |
| Summary |
In the case of Haji Abdul Ghafoor Rishi vs. Raza Muhammad Khan, the Supreme Court of Pakistan deliberated over an appeal concerning the eviction of a tenant based on the landlord's personal need for the property. The case revolved around the interpretation of section 15(6) of the West Pakistan Urban Rent Restriction Ordinance, 1959, which deals with the grounds for ejectment on the basis of personal necessity. The Supreme Court, after considering the arguments from both sides, decided to remand the case back to the High Court for further inquiry into the suitability of the landlord's current accommodations. This decision underscores the importance of evaluating the landlord's genuine need for the property in question, especially when other accommodations are available. The ruling emphasizes the delicate balance between landlord rights and tenant protections under the urban rent laws, ensuring that any eviction is justified and aligned with legal provisions. The case serves as a significant reference for future disputes involving landlord-tenant relationships, personal need for property, and the procedural requirements under the relevant rent control legislation. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
ABDUL KADIR SHAIKH,
ZAFFAR HUSSAIN MIRZA
|
| Lawyers |
|
| Petitioners |
Haji ABDUL GHAFOOR RISHI
|
| Respondents |
RAZA MUHAMMAD KHAN
|
| Citations |
1988 SLD 2821,
1988 SCMR 1869
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance
|
| Sections |
15(6)
|