| Case ID |
266c5f76-d817-412d-bc4c-63eb1ec2a7ad |
| Body |
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| Case Number |
Civil Appeal No.346-K of 1986 |
| Decision Date |
Apr 01, 1991 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the appeal, affirming that the landlord's intention to demolish the out-houses for new construction could be deemed as a bona fide personal requirement under Section 14 of the Sindh Rented Premises Ordinance, 1979. The Court emphasized that the bona fides of the landlord need not be investigated as long as the conditions specified in Section 14 were met. The decision highlighted that the landlord's need for reconstruction and personal use were not mutually exclusive, allowing for the eviction of the tenant. The appellant was granted four months to vacate the premises. |
| Summary |
This case revolves around the interpretation of Section 14 of the Sindh Rented Premises Ordinance, 1979, dealing with the eviction of tenants for the landlord's personal use. The landlord, having retired and needing to demolish existing out-houses for reconstruction, sought to evict the tenants. The Supreme Court ruled in favor of the landlord, clarifying that the bona fide requirement for personal use does not require detailed inquiry into the landlord's intentions if the prescribed conditions are satisfied. This case underscores the balance between tenant rights and landlord needs in rental law, particularly in urban settings where property development is key. The Court's ruling serves as a precedent for future cases where landlords may seek eviction for personal use and reconstruction, promoting urban renewal while ensuring that tenants' rights are considered. Keywords such as 'Sindh Rented Premises Ordinance', 'eviction law', and 'landlord rights' are critical in understanding the implications of this decision. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ZAFFAR HUSSAIN MIRZA,
SALEEM AKHTAR
|
| Lawyers |
Not available
|
| Petitioners |
Mrs. M.S. BAROBA
|
| Respondents |
MANZOOR AHMAD
|
| Citations |
1992 SLD 639,
1992 SCMR 1158
|
| Other Citations |
M.S. Baroba v. Manzoor Ahmed PLD 1968 Kar. 407,
Bakhsh Elahi v. Qazi Wasid Ali 1985 SCMR 291,
Dildar Shah v. Ch. Ghulam Haider 1985 SCMR 504,
Abdul Bai v. Khadam Hussain PLD 1970 SC 78,
Dawood v. Muhammad Yasin PLD 1982 SC 227,
Muhammad Rafiq v. Muhammad Ismail PLD 1988 SC 91,
Mst. Aisha Bai through Legal Heirs and another v. Mst. Mobin Khatoon 1986 SCMR 1712
|
| Laws Involved |
Sindh Rented Premises Ordinance, 1979
|
| Sections |
14
|