| Case ID |
5c917096-320c-4a77-859a-8a2461e78d1e |
| Body |
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| Case Number |
Civil Petitions for Leave to Appeal Nos. 127-K, 12 |
| Decision Date |
May 25, 2001 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan upheld the decisions made by the lower courts, confirming that the landlords had a bona fide need to reconstruct their property. It was established that the landlords were entitled to utilize their property as they saw fit, in line with constitutional guarantees under Article 23. The court found no evidence of mala fides or dishonest motives in the landlords' claims for reconstruction. The petitioners' appeals were dismissed, and they were granted six months to vacate the premises, subject to regular payment of rent. The court emphasized the importance of the landlords' right to reconstruct their property while ensuring that tenants would have the opportunity to reapply for tenancy after reconstruction. |
| Summary |
This case revolves around the rights of landlords under the Sindh Rented Premises Ordinance and the constitutional provisions regarding property use. The Supreme Court of Pakistan addressed the petitions concerning the eviction of tenants for reconstruction purposes. The court emphasized that landlords must have the freedom to utilize their property according to their needs, provided that their requests for eviction are bona fide and substantiated by adequate evidence. The court found that the evidence presented by the landlords was credible and supported their claims for reconstruction, leading to the dismissal of the tenants' appeals. The ruling reaffirms the legal framework governing landlord-tenant relationships, particularly regarding eviction for reconstruction under the Sindh Rented Premises Ordinance, ensuring that tenants are protected while recognizing landlords' rights. The case highlights the balance between tenant protections and the fundamental rights of property owners, making it a significant ruling in the realm of property law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
RANA BHAGWANDAS,
SYED DEEDAR HUSSAIN SHAH
|
| Lawyers |
R.F. Virjee,
Akblaq A. Siddiqui,
M.G. Dastgir,
Akhlaq A. Siddiqui,
Abdul Latif A. Shakoor,
A. Aziz Khan,
Naraindas C. Motiani,
Zaffar Hadi Shah,
Rasheed A. Rizvi,
Nasir Hussain Iaffery
|
| Petitioners |
JEHANGIR RUSTAM KAKALIA through Legal Heirs
|
| Respondents |
Messrs HASHWANI SALES & SERVICES (PVT.) LIMITED
|
| Citations |
2002 SLD 1133,
2002 SCMR 241
|
| Other Citations |
Attomal v. Allah Bux PLD 1985 Kar. 650,
Abdul Ghaffar v. Gulrez Pasha 1989 CLC 260,
A.G. Securities v. Vaughan and others PSCC 756,
Bashir Hussain v. Muhammad Saeed PLJ 1977 Lah. 158,
Hashwani Sales and Services Limited v. Karachi Building Control Authority and 15 others PLD 1986 Kar. 393,
Mst. Akhtar Jehan Begum and 4 others v. Muhammad Azam Khan PLD 1983 SC 1,
Karachi Building Control Authority and 3 others v. Hashwani Sales and Services Limited and 3 others PLD 1993 SC 210,
Abdul Aziz v. Muhammad Ashraf PLD 1993 Kar. 304,
Matloob v. Mst. Saeeda Khatoon 1988 SCMR 1575,
Abdul Ghaffar-Abdul Rehman v. Asghar Ali PLD 1998 SC 363
|
| Laws Involved |
Sindh Rented Premises Ordinance (XVII of 1979),
Constitution of Pakistan (1973)
|
| Sections |
15(2)(vii),
15(2)(vi),
Art. 23,
Art. 185(3)
|