Legal Case Summary

Case Details
Case ID 2298dc6a-275e-4b3c-8b35-a7e9a9c219c4
Body View case body.
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)