Legal Case Summary

Case Details
Case ID 5c83ae16-5532-4da3-be1e-bfbe8fb6428d
Body View case body.
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