| Case ID |
432ddbd7-e3d6-4d63-b7b5-305564e4b860 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 27-K of 200 |
| Decision Date |
Nov 20, 2000 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition filed by the petitioners against the High Court's judgment that allowed the ejectment of the petitioners from the premises based on the bona fide requirement of the landlords. The Court found that the High Court's decision was well-founded and did not warrant interference. The petitioners were given four months to vacate the premises while being subject to the payment of usual rent and other charges. The ruling emphasized the rights of co-sharers to file ejectment proceedings without needing to include other co-owners in the case, underscoring the legal principles governing landlord-tenant relationships under the Sindh Rented Premises Ordinance. |
| Summary |
In the case of Muhammad Hanif v. Muhammad Jamil Turk, the Supreme Court of Pakistan addressed significant issues surrounding the rights of landlords and tenants under the Sindh Rented Premises Ordinance. The case arose when the petitioners, Muhammad Hanif and another, contested an ejectment order granted by the High Court, which had overturned a previous dismissal by the Rent Controller. The Court ruled that a co-sharer can initiate ejectment proceedings without the necessity of involving other co-owners, reflecting the legal framework that supports landlords' bona fide needs for their properties. The ruling reinforced the principle that factual disputes not raised in earlier proceedings cannot be introduced at the Supreme Court level, thereby upholding the integrity of the judicial process. The final decision dismissed the petition and allowed the landlords to regain possession, highlighting the importance of clear landlord-tenant agreements and the legal protections available to property owners in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Nazim Hussain Siddiqui,
Rana Bhagwandas
|
| Lawyers |
Ali Akbar, Advocate Supreme Court/Advocate-on-Record
|
| Petitioners |
,
Muhammad Hanif
|
| Respondents |
5 others,
Muhammad Jamil Turk
|
| Citations |
2002 SLD 1178,
2002 SCMR 429
|
| Other Citations |
Abdul Ghani v. Abrar Hussain 1999 SCMR 348,
Mulakh Bano v. Gohar Bano 1976 SCMR 314,
Muhammad Amir v. Khan Bahadur PLD 1996 SC 267,
Madan Gopal v. Maran Bepari PLD 1969 SC 617
|
| Laws Involved |
Constitution of Pakistan (1973),
Sindh Rented Premises Ordinance (XVII of 1979)
|
| Sections |
185(3),
15
|