| Case ID |
2cd8b7e8-59e1-419e-b1b5-964adf414ccd |
| Body |
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| Case Number |
Civil Petition No. 1131 of 1983 |
| Decision Date |
Nov 13, 1985 |
| Hearing Date |
Nov 13, 1985 |
| Decision |
The Supreme Court reviewed the case of ejectment of a tenant from a shop, where the landlord claimed that the premises were required for the use of his son. The Rent Controller initially dismissed the application, but upon appeal, the Additional District Judge accepted the landlord's plea and ordered the ejectment, a decision upheld by the High Court. The Supreme Court found no grounds for interference with the lower court's order and denied leave to appeal, thereby affirming the ejectment order. |
| Summary |
In this case, the Supreme Court of Pakistan deliberated on the issue of tenant rights under the West Pakistan Urban Rent Restriction Ordinance, specifically regarding the bona fide need of a landlord for his premises. The court upheld the findings of the lower courts, emphasizing the importance of tenant protection while also recognizing the legitimate needs of landlords. This case highlights the legal balance between tenant rights and landlord needs in Pakistan's rental market, making it significant for both landlords and tenants. Key legal principles discussed include the criteria for bona fide requirements and the judicial process involved in rent disputes. The decision reinforces the judicial precedent in landlord-tenant relations and serves as a reference for future cases involving similar circumstances. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIM HASAN SHAH,
S.A. NUSRAT
|
| Lawyers |
Amir Alam Khan,
Mahmood A. Qureshi,
Inayat Hussain
|
| Petitioners |
MUHAMMAD ABDULLAH
|
| Respondents |
another,
REHMAT ULLAH
|
| Citations |
1986 SLD 668,
1986 SCMR 945
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
West Pakistan Urban Rent Restriction Ordinance (VI of 1959)
|
| Sections |
Art. 185(3),
S. 13 (3) (e)(ii)(a)
|