| Case ID |
374d1f5f-13f2-403f-b798-1c1630e3597f |
| Body |
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| Case Number |
Civil Appeal No. 21-Q of 1985 |
| Decision Date |
May 05, 1986 |
| Hearing Date |
May 05, 1986 |
| Decision |
The Supreme Court of Pakistan reviewed the appeal from the High Court of Baluchistan, which had previously set aside an ejectment order issued by the Rent Controller. The Court found that the High Court had misapprehended the evidence presented regarding the bona fide need of the appellant for the property in question. The Supreme Court reinstated the Rent Controller's decision, stating that the appellant had adequately demonstrated her need for the property. The Court emphasized that the High Court's reliance on external considerations and lack of proper evidence assessment warranted the restoration of the ejectment order. The respondent was granted four months to vacate the premises, with no order as to costs. |
| Summary |
This case revolves around the ejectment of a tenant on the grounds of personal need as stipulated in the West Pakistan Urban Rent Restriction Ordinance. The appellant, Mst. Surriya Begum, sought to evict the respondent, Fazal Durrani, citing her need for the property as she was living in a congested house with her brother's family. The Rent Controller initially ruled in favor of the appellant, but the High Court overturned this decision, leading to the appeal in the Supreme Court. The Supreme Court found that the High Court had misinterpreted the evidence, particularly regarding the bona fide nature of the appellant's claim. The decision highlights the principles of evidence appreciation and the importance of personal need in rent-related disputes. This case is significant for understanding tenant rights and landlords' claims under the Urban Rent Restriction Ordinance, and it emphasizes the judiciary's role in ensuring that such claims are substantiated with credible evidence. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL QADIR SHAIKH,
S.A. NUSRAT,
MAN BURHANUDDIN KHAN
|
| Lawyers |
M.A. Rashid,
S.A.M. Quadri
|
| Petitioners |
Mst. SURRIYA BEGUM
|
| Respondents |
FAZAL DURRANI
|
| Citations |
1986 SLD 182,
1986 SCMR 1649
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan,
West Pakistan Urban Rent Restriction Ordinance
|
| Sections |
Art. 185(3),
VI of 1959, S. 13(3)(a)(i)(a)
|