| Case ID |
30398e19-e087-4753-8687-3a552f85208e |
| Body |
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| Case Number |
Civil Appeal No. K-2 of 1983 |
| Decision Date |
|
| Hearing Date |
Aug 25, 1983 |
| Decision |
The Supreme Court upheld the decision of the Rent Controller, affirming that the landlord could not evict the tenant based on personal need due to a valid lease agreement. The court emphasized that the landlord's personal needs could not override the terms of the lease, which had been established for a fixed duration. The decision reinforced the principle that contractual agreements between landlords and tenants must be honored, and any claim of personal need must be substantiated without contradicting the lease's stipulations. |
| Summary |
This case revolves around the conflict between a landlord's claim for possession of a rented property for personal use and the enforceability of a long-term lease agreement. The Supreme Court of Pakistan examined the Sind Rented Premises Ordinance, specifically Section 15(2)(viii), which allows landlords to evict tenants if they require the premises for personal use. However, the court found that the landlord had previously entered into a lease for a duration of 30 years, which included options for renewal. It concluded that the landlord could not invoke personal need to terminate the lease, as it would contravene the legally binding agreement. This case underscores the importance of adhering to contract law in landlord-tenant relationships and highlights the protections afforded to tenants under the law. Key terms include landlord-tenant law, possession, eviction, and lease agreements. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Shafiur Rahman
|
| Lawyers |
S. A. Samad Khan,
Ali Akbar,
Noor Muhammad,
A. Aziz Dastigir
|
| Petitioners |
Aslam Riaz Hussain,
Naam Husan Shah,
Shafiur Rahman,
Mian Burhanuddin Khan,
Mrs. Zehra Begum
|
| Respondents |
Messrs Pakistan Burmah Shell Ltd.
|
| Citations |
1984 SLD 233,
1984 PLD 38
|
| Other Citations |
Bhaiya Punjalal Bhagwanddin v. Dave Bhagwatprasad Prabhuprasad A I R 1963 S C 120,
Vora Abbasbhai Alimahomed v. Haji Gulamnabi Haji Safibhai A I R 1964 S C 1341,
Alif Din v. Khadim Hussain 1980 S C M R 767,
Muhammad Ashraf v. Muhammad Sharif and others P L D 1971 Lah. 610,
Muhammad Yousaf v. Abdullah P L D 1980 S C 298
|
| Laws Involved |
Constitution of Pakistan (1973),
Sind Rented Premises Ordinance (XVII of 1979),
West Pakistan Urban Rent Restriction Ordinance (VI of 1969),
Sind Rent Restriction Act (X of 1947),
Sind Rent Restriction Act (XIX of 1952),
Karachi Rent Restriction Act (VIII of 1953)
|
| Sections |
Art. 185(3),
S. 15(2)(viii),
Ss. 5, 6 & 7
|