| Case ID |
38a4c720-7831-4a4e-9fba-7da1ff765e90 |
| Body |
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| Case Number |
Writ Petition No. 481 of 1993/BWP |
| Decision Date |
Oct 11, 1995 |
| Hearing Date |
Oct 08, 1995 |
| Decision |
The Lahore High Court ruled that the application for ejectment filed by the landlady against the alleged tenant was not maintainable. The court concluded that the tenant had successfully proven co-ownership of the property, which established him as a landlord under the West Pakistan Urban Rent Restriction Ordinance. The court emphasized that a co-sharer in possession of joint property cannot be evicted without a partition suit. The ejection orders were declared illegal due to lack of jurisdiction by the Rent Controller, affirming the tenant's rights as a co-owner. |
| Summary |
In the case of Writ Petition No. 481 of 1993/BWP decided by the Lahore High Court, significant issues regarding the eviction of a tenant under the West Pakistan Urban Rent Restriction Ordinance were addressed. The central argument revolved around the status of the tenant, who claimed to be a co-owner of the property in question. The court ruled that a tenant who becomes a co-owner cannot be evicted without a formal partition of the property, establishing a precedent for tenant rights and co-ownership. This case underscores important legal principles surrounding landlord-tenant relationships, ownership rights, and the jurisdiction of Rent Controllers. The ruling is pivotal for understanding how co-ownership affects tenancy rights, particularly in urban property disputes. The decision also highlights the necessity for landlords to establish clear ownership before seeking eviction, thereby protecting tenants from unlawful dispossession. The case references several key laws including the West Pakistan Urban Rent Restriction Ordinance (VI of 1959) and the Constitution of Pakistan (1973). |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
IHSAN-UL-HAQ CHAUDHRY, J
|
| Lawyers |
Ch. Naseer Ahmad,
Sh. Azim Ashraf,
Sardar Muhammad Hussain Khan,
M. Rahim Khan
|
| Petitioners |
MUHAMMAD HANIF
|
| Respondents |
Mst. AHMADI BEGUM,
Sardar Muhammad Hussain Khan,
M. Rahim Khan
|
| Citations |
1996 SLD 1322,
1996 CLC 137
|
| Other Citations |
Muhammad Nawaz v. Abdul Latif 1971 SCMR 198,
Muhammad Bakhsh v. Khuda Bakhsh 1993 MLD 937,
Ishar-ul-Hassan Rizvi v. Abdul Rahman 1992 SCMR 1352,
Shaukat Javed v. Abdul Khalid 1991 SCMR 215,
Kumar Kirishana Prosade Deo Lal Singh v. Arash Bibi 1985 CLC 1701
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance (VI of 1959),
Constitution of Pakistan (1973),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
13,
2,
199,
115
|