| Case ID |
2298dc6a-275e-4b3c-8b35-a7e9a9c219c4 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 109 |
| Decision Date |
Jul 02, 1979 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition filed by Muhammad Sharif against the order of the Lahore High Court, affirming the eviction of the petitioner from the shop based on the landlord's requirement for personal use. The court held that there is no legal necessity for the landlord's son to appear as a witness in support of the eviction application. The findings of the lower courts were upheld as they had found sufficient evidence to support the landlord's claim. The petitioner was granted four months to vacate the premises, subject to the payment of rent. |
| Summary |
This case involves the eviction of a tenant under the West Pakistan Urban Rent Restriction Ordinance. The petitioner, Muhammad Sharif, contested his eviction by arguing that the landlord's son, for whom the shop was claimed to be required, did not testify. The Supreme Court ruled that the absence of the son as a witness did not invalidate the eviction proceedings. The decision emphasized the sufficiency of evidence presented by the landlord and upheld the concurrent findings of the lower courts. This ruling clarifies the legal standards regarding tenant eviction and the evidentiary requirements for landlords. The case underscores the importance of complying with rent regulations and the landlord's right to reclaim property for personal use. It serves as a precedent for similar eviction cases, emphasizing that personal requirement claims do not necessitate witness testimony from the family members involved. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
G. SAFDAR SHAH,
ASLAM RIAZ HUSSAIN,
MUHAMMAD AFZAL ZULLAH
|
| Lawyers |
Ch. Akhtar Ali
|
| Petitioners |
M. MUHAMMAD SHARIF
|
| Respondents |
M. S. SULTAN
|
| Citations |
1981 SLD 467,
1981 SCMR 844
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance
|
| Sections |
13(3)(a)(ii)
|