| Case ID |
2b9bf7d7-3e5b-4cf9-a0b1-be98c25d9295 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Leave to Appeal No. 312-L of 20 |
| Decision Date |
Feb 10, 2003 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal to determine whether an eviction order could be issued for the benefit of the husband, given that the word 'husband' was deliberately omitted from section 13 of the Punjab Urban Rent Restriction Ordinance, 1959. The court noted that the respondent lady did not claim the property for her own use but for her husband's independent use. The decision to maintain the eviction order was questioned, as the lower courts failed to appreciate the evidence accurately. The court ordered that the status quo be maintained during the pendency of the appeal, highlighting the importance of proper interpretation of the law in eviction matters. |
| Summary |
In the case of Civil Petition for Leave to Appeal No. 312-L of 2003, the Supreme Court of Pakistan addressed the issue of tenant eviction under the West Pakistan Urban Rent Restriction Ordinance, particularly focusing on the implications of the omission of the term 'husband' in Section 13. The court evaluated claims made by the landlady regarding her bona fide personal need for the property, which she asserted was necessary for her husband. The case raised significant questions about the interpretation of eviction laws, highlighting the need for clear legal definitions to protect tenants' rights. The Supreme Court's decision aimed at clarifying the law's application in similar disputes, ensuring that eviction orders are not issued without proper evidence of personal need. This case is crucial for understanding tenant rights in Pakistan and sets a precedent for future cases involving eviction and personal use claims by landlords. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
TANVIR AHMED KHAN,
FAQIR MUHAMMAD KHOKHAR
|
| Lawyers |
Amir Alam Khan,
Ras Tariq Chaudhary,
Wallayat Omar,
Pervaiz Inayat Malik,
Tanvir Ahmed
|
| Petitioners |
Ch. SHAHBAZ BABAR
|
| Respondents |
Mrs. REHMANA MIRZA
|
| Citations |
2003 SLD 1038,
2003 SCMR 1797
|
| Other Citations |
Mrs. Noor Jehan Bai v. Muhammad Yousaf (2002 SCMR 1933),
Ch. Akbar Hussain v. Mrs. Zehra Bai (2002 SCMR 789)
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance (VI of 1959),
Constitution of Pakistan, 1973
|
| Sections |
13,
185(3)
|