| Case ID |
39468fe2-6d07-4bf7-92c4-34ff9999b15a |
| Body |
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| Case Number |
Constitutional Petition No. S-1286 of 2011 |
| Decision Date |
Feb 24, 2014 |
| Hearing Date |
Feb 19, 2014 |
| Decision |
The constitutional petition was dismissed, with the court finding that the landlord, a co-owner of the property, had a bona fide personal need for the rented premises. The respondent's assertion of needing the property for accommodation was upheld, as the tenant failed to present evidence to counter this claim. The court emphasized that the tenant had no right to deny the landlord's use of their property. The tenant was ordered to vacate the premises within 30 days, affirming the decisions of the lower courts. |
| Summary |
In this case, the Sindh High Court dealt with a constitutional petition regarding an eviction order under the Sindh Rented Premises Ordinance. The petitioner, ABDUL MAALIK GADDI, challenged the decision of the Rent Controller that permitted the eviction of the tenant, MUHAMMAD HAFEEZ. The court determined that the landlord had a legitimate reason for requiring the premises, as the tenant had not contested the landlord's claims effectively. The ruling reinforces the rights of landlords under the Ordinance, especially concerning personal needs for accommodation. The case highlights the importance of presenting evidence in eviction proceedings and the implications of tenant rights versus landlord rights. Key legal principles regarding co-ownership and the necessity of including all co-owners in eviction proceedings were also discussed. The court upheld the previous rulings, demonstrating the legal precedence that supports landlords' rights to reclaim their property when a bona fide need is established. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL MAALIK GADDI, J,
Dr. MASUMA HASAN
|
| Lawyers |
Ijaz Ahmed,
Sardar Muhammad Yousuf,
Nemo
|
| Petitioners |
ABDUL MAALIK GADDI
|
| Respondents |
2 others,
MUHAMMAD HAFEEZ
|
| Citations |
2015 SLD 2303 = 2015 MLD 1577
|
| Other Citations |
Hafiz Ferozeuddin and 2 others v. Arshad Begum and 6 others 2010 CLC 365,
Mst. Sarwari Begum v. Ata-ur-Rehman 1997 CLC 1500,
Muhammad Farrukh Siddiqui v. Riaz Ahmed Khan and another 2000 SCMR 1356,
Mehdi Nasir Rizvi v. Muhammad Usman Siddiqui 2000 SCMR 1613,
Muhammad Arif v. Mrs. Anwar Jehan 2000 SCMR 1960,
Jehangir Rustam Kakalia through legal heirs v. Messrs Hashwani Sales and Services (Pvt.) Limited 2002 SCMR 241,
Mst. Sas Bano and 3 others v. Mst. Mahmooda Sabir 2002 SCMR 412,
Mst. Fehmida Alam v. Mst. Zaibun Nisa Shaikh and 6 others 2002 SCMR 333,
Mst. Jehan Ara through Attorney v. Raja Zafarullah Janjua PLD 2003 SC 277,
Nafisuddin and another v. Saghir Ahmed and another PLD 2003 SC 280,
Muhammad Bashir and others v. Mst. Latifa Bibi 2010 SCMR 1915,
Muhammad Bashir and others v. Iftikhar Ali and others PLD 2004 SC 465,
Barkat Ali v. Muhammad Nawaz PLD 2004 SC 489,
Abdul Ghani v. Abrar Hussain 1999 SCMR 348,
Saifullah and others v. Ch. Ghulam Ghous 2000 CLC 1841
|
| Laws Involved |
Sindh Rented Premises Ordinance (XVII of 1979),
Constitution of Pakistan
|
| Sections |
15,
199,
23
|