| Case ID |
5c83ae16-5532-4da3-be1e-bfbe8fb6428d |
| Body |
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| Case Number |
Writ Petitions Nos. 443 and 137 of 2012 |
| Decision Date |
Dec 19, 2012 |
| Hearing Date |
|
| Decision |
The Peshawar High Court dismissed both writ petitions on the grounds that the tenant, Faiz-Ur-Rehman, failed to prove his claim of tenancy under Sunab Gul and admitted the landlord-tenant relationship in previous proceedings. The court upheld the lower courts' findings regarding the bona fide personal need of the landlords and emphasized that the constitutional jurisdiction does not allow substituting findings of fact established by competent courts. |
| Summary |
In the case of Writ Petitions Nos. 443 and 137 of 2012, the Peshawar High Court addressed the ejectment petition filed by landlords under the West Pakistan Urban Rent Restriction Ordinance, 1959, against tenant Faiz-Ur-Rehman. The court considered the relationship between the parties, the claims of the tenant regarding his tenancy under another individual, and the landlords' bona fide need for the property. The court reiterated that the factual findings of lower courts are not to be disturbed unless there is a clear misreading of evidence. This case highlights the importance of establishing clear landlord-tenant relationships and the judicial process surrounding ejectment petitions. Keywords include Peshawar High Court, Urban Rent Restriction, landlord-tenant relationship, constitutional jurisdiction, and bona fide personal need. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Mian Fasih ul Mulk,
Shah Jehan Khan Akhundzada
|
| Lawyers |
Amir Hussain,
Shamsul Haq
|
| Petitioners |
Faiz-Ur-Rehman
|
| Respondents |
,
Haji Yaz Mir
|
| Citations |
2013 SLD 2520,
2013 YLR 950
|
| Other Citations |
Haji Abdullah and 10 others v. Yahya Bakhtiar PLD 2001 SC 158,
Mst. Shirin Bai v. Famous Art Printers (Pvt.) Ltd. and others 2006 SCMR 117
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance, 1959,
Constitution of Pakistan
|
| Sections |
13,
199
|