| Case ID |
233510c2-c558-416c-bf2e-e550ce2b4b4b |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No.515 with Civil Miscellaneous Appl |
| Decision Date |
Jul 05, 2002 |
| Hearing Date |
|
| Decision |
The Peshawar High Court dismissed the writ petition in limine, upholding the eviction order against Syed Muhammad Hasnain. The Court concluded that the landlord, Syed Muhammad Hasnain, had sufficiently demonstrated a bona fide personal need for the shop in question for his son, despite the son's non-appearance in the witness box and the absence of disclosed business details. The Court referenced previous case law, notably Juma Sher v. Sabz Ali 1997 SCMR 1062, to support the decision that the mere absence of the landlord's son during the hearing or the lack of business disclosure does not invalidate the landlord's claim. Moreover, the Court affirmed that the concurrent findings of fact by the lower courts could not be overturned under Article 199 of the Constitution of Pakistan. Consequently, the petition was dismissed, maintaining the eviction order. |
| Summary |
In the landmark case of Writ Petition No.515 with Civil Miscellaneous Application No.732/M of 2002, adjudicated by the Peshawar High Court on July 5, 2002, the legal dispute centered around the enforcement of the West Pakistan Urban Rent Restriction Ordinance (VI of 1959), specifically Section 13(3)(a). The petitioner, Mazullah Barkandi, represented by Advocate Mr. Mazullah Barakandi, sought to challenge the eviction order filed by Syed Muhammad Hasnain under the claim of personal necessity for the landlord's son. The High Court, presided over by Judges Malik Hamid Saeed and IjazulHassan Khan, meticulously examined the evidence presented. Despite the absence of the landlord's son in the witness box and the lack of detailed business disclosure in the ejectment application, the court upheld the landlord's bona fide personal need for the shop. Citing the precedent set in Juma Sher v. Sabz Ali 1997 SCMR 1062, the court affirmed that the absence of specific business details or the landlord’s son from courtroom testimony does not inherently negate the legitimacy of a personal necessity claim. Furthermore, the court emphasized the doctrine of concurrent findings of fact, indicating that lower courts’ determinations in such matters are binding and not subject to reversal under Article 199 of the Constitution of Pakistan. The appellate review confirmed the initial judgment by the Rent Controller, leading to the dismissal of the constitutional petition in limine. This decision underscores the judiciary's stance on upholding landlords' rights under established urban rent restriction laws, while also highlighting the procedural safeguards in place to ensure fair adjudication of eviction disputes. The case serves as a pivotal reference for future litigation involving rent restrictions and personal necessity claims, reinforcing the legal standards required to sustain eviction orders. It also emphasizes the judiciary's commitment to maintaining the integrity of lower court findings unless clear evidence of misapplication of law or procedural errors is presented. The detailed examination of both factual and legal arguments in this case provides a comprehensive framework for understanding the interplay between urban rent control ordinances and constitutional petitions, making it a significant precedent in Pakistani jurisprudence. Additionally, the case highlights the critical role of legal representation, evidenced by Advocate Mazullah Barakandi's robust defense of the petitioner's interests, and reinforces the importance of thorough evidence presentation in upholding or contesting eviction claims. Overall, the dismissal of the writ petition not only solidifies the landlord’s position in this specific instance but also contributes to the broader legal discourse on property rights and urban rent regulation in Pakistan. |
| Court |
Peshawar High Court
|
| Entities Involved |
Court of Civil Judge/Rent Controller, Hangu,
Additional Sessions Judge, Hangu
|
| Judges |
MALIK HAMID SAEED,
IJAZULHASSAN KHAN
|
| Lawyers |
Mr. Mazullah Barakandi
|
| Petitioners |
Mazullah Barkandi
|
| Respondents |
2 others,
Syed MUHAMMAD HASNAIN
|
| Citations |
2002 SLD 2012,
2002 CLC 1701
|
| Other Citations |
Juma Sher v. Sabz Ali 1997 SCMR 1062
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance (VI of 1959),
Constitution of Pakistan (1973)
|
| Sections |
S.13(3)(a),
Art. 199
|