| Case ID |
382c59c8-2f27-4081-bf43-ca0061370b38 |
| Body |
View case body. Login to View |
| Case Number |
L.P.A. No. 208 and Second Appeal No. 490 of 1970 |
| Decision Date |
Oct 17, 1978 |
| Hearing Date |
Aug 22, 1978 |
| Decision |
The court dismissed the appeals filed by Ghulam Hyder and D. B. Ghadiali, affirming the lower court's orders regarding tenancy and possession rights under the West Pakistan Urban Rent Restriction Ordinance. The court clarified that the original tenant's legal heirs maintain their rights to pursue the application filed by their predecessor, and the principles of natural justice were upheld despite the arguments presented by the landlords. The court emphasized that the tenant's application for possession did not require specific pleas for the new shop constructed on the old site, and the definition of 'aggrieved party' was interpreted broadly to include those whose interests were adversely affected by the order. |
| Summary |
This case revolves around the tenant rights under the West Pakistan Urban Rent Restriction Ordinance, particularly focusing on the rights of legal heirs of a deceased tenant. The appeals concerned the eviction of Muhammad Siddiq, who was evicted by the landlord, Mr. Ghadiali, under the pretext of constructing a new building. After the landlord completed construction, legal heirs of the original tenant sought restoration of possession. The court ruled in favor of the heirs, highlighting that the law protects tenants and their families, ensuring their rights to continue tenancy even after the original tenant's death. It reinforced the need for fair judicial processes, emphasizing the importance of natural justice in tenant-landlord disputes. This ruling sets a precedent for future cases involving tenant rights, legal heirs, and property ownership disputes, ensuring that the interests of all parties are considered. The decision underscores the evolving landscape of property law in Pakistan, particularly in urban settings where tenant rights are increasingly scrutinized. Keywords like 'tenant rights', 'urban rent law', and 'natural justice in tenancy' are crucial for understanding the implications of this ruling. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Mahmud,
Muhammad Zahoorul Haq
|
| Lawyers |
Mohsin Tayab Ally,
Ali Nazar,
G. Raymond,
Abdul Kadir Lakhani
|
| Petitioners |
Ghulam Hyder
|
| Respondents |
D. B. Ghadiali,
Muhammad Haneef
|
| Citations |
1979 SLD 176 = 1979 PLD 167
|
| Other Citations |
Sharaf Faridi v. M. A. Shahani PLD 1975 Kar. 59,
Hassan v. Fancy Foundation PLD 1975 SC 1,
United Distributors Ltd. v. Zahid Hussain PLD 1976 Kar. 371,
PLD 1976 Lab. 897,
Chars Cdda Sugar Mills Ltd. v. Govt. of Pakistan PLD 1971 Pesh. 210,
Gladys M. Jacob v. Chief Settlement Commissioner PLD 1966 Lab. 464,
Muhammad Ishag v. Dr. Saiduddin PLD 1959 Kar. 669
|
| Laws Involved |
West Pakistan Civil Courts Ordinance (II of 1962),
West Pakistan Urban Rent Restriction Ordinance (VI of 1959),
Civil Procedure Code (V of 1908)
|
| Sections |
S. 10,
Ss. 2(i) & 13(5)(b),
S. 13(5)(b),
S. 100,
S. 15,
S. 11
|