| Case ID |
2e740ebe-24df-467e-98a5-3d4b32444210 |
| Body |
View case body. Login to View |
| Case Number |
|
| Decision Date |
Apr 19, 1987 |
| Hearing Date |
Apr 19, 1987 |
| Decision |
The Supreme Court of Pakistan addressed the petitions from tenants against their landlady, Mst. Safia Begum, concerning their eviction from three shops in Quetta. The landlady sought eviction on the grounds of personal need for reconstruction. The court acknowledged the landlady's claim of bona fide personal requirement, despite objections regarding another tenant occupying rooms in the same building. The petitioners contended that the landlady's actions lacked good faith since she had not initiated ejectment proceedings against this other tenant. However, the landlady clarified that this tenant had agreed to vacate after the petitioners left. Ultimately, through a consent statement, the court modified the eviction orders, allowing petitioners to vacate once the landlady regained possession from the other tenant and demolished the relevant portion of the premises. |
| Summary |
In the case presented before the Supreme Court of Pakistan, the court dealt with the civil petitions for leave to appeal regarding the eviction of tenants from shops owned by Mst. Safia Begum. The core issue revolved around the landlady's claim for eviction based on personal necessity and reconstruction of the premises for her use. The petitioners, represented by their advocate S.A.M. Qadri, challenged the legitimacy of the landlady's claims, arguing that her bona fide requirement was questionable as there was another tenant, Saleem, in the same building who had not been evicted. The landlady's counsel, Raja Muhammad Afsar, contended that Saleem had agreed to vacate once the petitioners left, thus negating the petitioners' claims of bad faith. The court ultimately ruled in favor of modifying the eviction orders, allowing the tenants to vacate based on the landlady's agreement and the consent of both parties, ensuring a resolution that considered the needs of all involved. This case highlights significant aspects of landlord-tenant relationships under the West Pakistan Urban Rent Restriction Ordinance and the importance of bona fide requirements in eviction cases. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Mst. SAFIA BEGUM
|
| Judges |
ABDUL KADIR SHAIKH,
S. A. NUSRAT,
ZAFFAR HUSSAIN MIRZA
|
| Lawyers |
S.A.M. Qadri,
Raja Muhammad Afsar
|
| Petitioners |
2 others,
MUHAMMAD AMIN
|
| Respondents |
Mst. SAFIA BEGUM
|
| Citations |
1987 SLD 708,
1987 SCMR 1818
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance (VI of 1959),
Constitution of Pakistan (1973)
|
| Sections |
13,
15,
185(3)
|