| Case ID |
438e3887-8a25-4418-86ef-f922284f7b0d |
| Body |
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| Case Number |
Second Appeal from Original Order No. 139 of 1977 |
| Decision Date |
May 06, 1980 |
| Hearing Date |
|
| Decision |
The court held that the landlord had sufficiently proven the bona fide and reasonableness of his requirement for reconstruction of the property, which was 80 to 85 years old and in a dilapidated condition. The decision upheld the eviction order, asserting that the landlord's intention to reconstruct was genuine and supported by evidence of financial capability. The court dismissed the appeals of the tenants, emphasizing that the requirement for reconstruction does not necessitate the property being in a state of collapse. The judgment reinforced the principle that landlords have the right to improve and develop their properties, provided their intentions are reasonable and bona fide. |
| Summary |
In the landmark case adjudicated by the Lahore High Court, the issues revolved around the West Pakistan Urban Rent Restriction Ordinance (VI of 1959). The court addressed the complexities of tenant eviction under the grounds of property reconstruction. The case highlighted significant legal precedents regarding landlords' rights to reclaim possession for reconstruction purposes. The judgment underscored the necessity for landlords to demonstrate bona fide intentions, which were substantiated through the landlord's commitment to invest in property development. This case serves as a critical reference for future landlord-tenant disputes, particularly in the context of urban property management and the legal standards governing eviction procedures. By establishing a clear framework for evaluating the legitimacy of eviction claims, the ruling contributes to the evolving landscape of property law and tenant rights in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
AFTAB HUSSAIN, J
|
| Lawyers |
Sh. Mazhar-ul-Haq,
Mian Nazir Akhtar,
Mohd. Ilyas Khan
|
| Petitioners |
Sh. MUHAMMAD ASHRAF
|
| Respondents |
Sh. MUHAMMAD ALMAS
|
| Citations |
1980 SLD 566,
1980 PLD 52
|
| Other Citations |
Abdullah v. Adam Ali P L D 1961 S C 28,
Shin Gul v. Abdul Majid P L D 1968 Quetta 45,
Hussan and others v. Fancy Foundation P L D 1975 S C 1,
Zakaria Brothers v. Hashwani Sales & Services Ltd. P L D 1978 Kar. 581,
Malik Aman v. Haji Muhammad Tufail P L D 1976 Lab. 1446,
Maula Dad v. Sardar Khan P L D 1972 Quetta 39,
B. D. Pudumji v. Sir Dinshaw Manekji Petit 22 Born. L R 88,
Hassan Ali v. Ahmad Khan and others P L D 1960 Kar. 23,
Muhammad Haroon v. Ghulam Mustafa 1978 S C M R 151,
Ahsanul Haq and others v. Abdul Rahim etc. P L D 1979 Lab. 533,
Muhammad Hussain v. Haji Muhammad Tufail P L D 1979 Lab. 654,
Muhammad Hafeez v. Muhammad Suleman and another 1979 C L C 757,
Haji Allah Ditta v. Mst. Shahzadi Bilqis 1980 S C M R 41
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance (VI of 1959)
|
| Sections |
13(2)(vi),
15(4)
|