| Case ID |
37c0dd18-6fb1-4d2d-bc04-ee30de439943 |
| Body |
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| Case Number |
Civil Appeal No. 787 of 1994 |
| Decision Date |
Feb 03, 1998 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the appeal, affirming the High Court's decision which had reversed the Rent Controller's order for eviction. The Court found that the landlord did not adequately demonstrate bona fide personal need, as the grounds for eviction were similar to those in a previous case where an eviction application was compromised. The findings of the High Court were deemed reasonable, and there was no indication of misreading of evidence or overlooking of crucial factors. Thus, the decision of the High Court stood unchallenged. |
| Summary |
This case revolves around eviction proceedings under the Sindh Rented Premises Ordinance concerning a shop in Hyderabad. The landlord, ABDE ALI, sought the eviction of tenant Shaikh HATIM BHAXI on grounds of personal need, claiming the necessity of the premises for his own business. However, the High Court previously allowed the tenant's appeal, indicating that the landlord failed to establish good faith as required by law. The Supreme Court's dismissal of the appeal reiterates the importance of demonstrating genuine personal need in eviction cases. The case highlights the legal framework governing rental disputes in Pakistan, particularly under the Sindh Rented Premises Ordinance, and emphasizes the necessity for landlords to provide compelling evidence of need to succeed in eviction claims. Such cases are pivotal for understanding tenant rights and landlord obligations within the rental market, making this a significant ruling in property law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
AJMAL MIAN, C.J.,
MAMOON KAZI, J
|
| Lawyers |
J.H. Rahimtoola, Advocate Supreme Court for Appellant,
A.K.M. Idrees, Advocate Supreme Court,
Ali Akbar, Advocate-on-Record for Respondent
|
| Petitioners |
ABDE ALI
|
| Respondents |
Shaikh HATIM BHAXI
|
| Citations |
2003 SLD 945,
2003 SCMR 730
|
| Other Citations |
Not available
|
| Laws Involved |
Sindh Rented Premises Ordinance (XVII of 1979),
Constitution of Pakistan, 1973
|
| Sections |
15,
185(3)
|