| Case ID |
31d4f5df-af7e-4241-9df2-4beba8804141 |
| Body |
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| Case Number |
First Appeal from Order No.82 of 1998 |
| Decision Date |
Jul 17, 1998 |
| Hearing Date |
Jul 09, 1998 |
| Decision |
The appeal was dismissed with the appellant being given a period of two months to vacate the premises in dispute. The court upheld the relationship of landlord and tenant despite the execution of a sale agreement, emphasizing that unless the sale was completed, the tenant's rights remained intact. The evidence presented demonstrated the landlord's bona fide personal need for the property and the nuisance caused by the tenant's activities was substantiated. The court indicated that the landlord's personal requirement did not necessitate detailing the nature of the business intended to be established in the rented premises. |
| Summary |
This case addresses the relationship between a landlord and tenant under the West Pakistan Urban Rent Restriction Ordinance and the implications of an agreement to sell property. The court found that the landlord-tenant relationship persisted despite the existence of a sale agreement, as the sale had not been completed. The case highlighted key aspects of eviction based on bona fide personal need and nuisance caused by the tenant's activities. The decision reinforced the legal principle that unless explicitly stated in the sale agreement, the tenancy does not cease until a court of competent jurisdiction determines the title. This ruling has significant implications for landlords and tenants, particularly concerning eviction proceedings and the burden of proof required to establish personal need. The case also emphasizes the importance of consistent and credible testimonies in establishing the legitimacy of eviction claims. Keywords such as 'landlord rights', 'tenant eviction', 'bona fide personal need', and 'urban rent laws' are integral for understanding the legal landscape surrounding rental agreements. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
AMAN ULLAH KHAN, JUSTICE
|
| Lawyers |
Syed Ayyaz Zahoor, Advocate,
H. Shakeel Ahmad, Advocate,
Saeed Ahmad Khan, Advocate,
Ali Ahmad Kurd, Advocate
|
| Petitioners |
HAJI JUMMA KHAN
|
| Respondents |
HAJI ZARIN KHAN
|
| Citations |
1999 SLD 622 = 1999 PLD 18
|
| Other Citations |
Bore Bibi and others v. Abdul Qahir and others 1996 SCMR 877,
Juma Sher v. Sabz Ali 1997 SCMR 1062
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance,
Transfer of Property Act
|
| Sections |
VI of 1959,
S. 2,
S. 13,
IV of 1882, S.53-A
|