| Case ID |
36f35475-b543-4add-977a-aaa3a33ce4e7 |
| Body |
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| Case Number |
First Rent Appeal No. 22 of 1987 |
| Decision Date |
Jan 28, 1991 |
| Hearing Date |
|
| Decision |
The appeal was dismissed as the respondent successfully established their bona fide need for the commercial premises in question. The court found that the landlord's personal requirement was substantiated despite the appellant's claims of mala fides. The respondent was directed to vacate the premises within four months while continuing to deposit the monthly rent regularly in court. This decision emphasizes the importance of adhering to the conditions laid out under the Sindh Rented Premises Ordinance, particularly regarding the bona fide need of landlords for their own use. |
| Summary |
This case revolves around the eviction of a tenant from commercial premises under the Sindh Rented Premises Ordinance. The landlady, Mst. Hafeezunnisa Begum, sought eviction based on her bona fide need for the premises for her own use and that of her family. The court evaluated the evidence presented by both parties, focusing on the landlord's claim of personal requirement and the tenant's assertions of mala fides. The decision highlights the judicial approach to balancing tenant protections against legitimate landlord needs, establishing a precedent for similar cases. The ruling underscores the necessity for landlords to clearly articulate their reasons for eviction while providing sufficient evidence to substantiate claims of personal need. |
| Court |
Sindh High Court
|
| Entities Involved |
Mst. HAFEEZUNNISA BEGUM,
KAMAL MANSUR ALAM,
Abdul Lateef A. Shakoor,
Shafi Muhammadi
|
| Judges |
KAMAL MANSUR ALAM, J
|
| Lawyers |
Abdul Lateef A. Shakoor,
Shafi Muhammadi
|
| Petitioners |
Mst. HAFEEZUNNISA BEGUM
|
| Respondents |
|
| Citations |
1991 SLD 1729,
1991 CLC 626
|
| Other Citations |
1986 M L D 1788,
1986 M L D 1803,
1986 M L D 227,
1986 C L C 2628,
1986 C L C 448,
1984 C L C 90
|
| Laws Involved |
Sindh Rented Premises Ordinance (XVII of 1979)
|
| Sections |
15,
15(2)(vii)
|