| Case ID |
69785846-a10b-48a7-9ec5-6e920157a849 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.42-Q of 1995 |
| Decision Date |
Jun 26, 1995 |
| Hearing Date |
Jun 26, 1995 |
| Decision |
The Supreme Court of Pakistan granted leave to appeal in the case concerning the ejectment of tenant Syed Abdul Rauf. The court highlighted that the landlord, Abdul Sattar, did not personally appear in the witness-box to substantiate his claim of bona fide personal requirement for the premises. The court referenced previous case law establishing the necessity for a landlord to personally testify in such matters. The decision to grant leave was based on the argument that the absence of the landlord's testimony was a significant factor that undermined his claims. The court noted that the landlord's failure to provide evidence of his inability to appear further weakened his case. The stay order was maintained until the final disposal of the appeal. |
| Summary |
This case involves the Supreme Court of Pakistan's decision regarding a civil petition for leave to appeal against an ejectment order. The case centers around the interpretation of the West Pakistan Urban Rent Restriction Ordinance, particularly Section 13, which deals with the bona fide personal requirement of landlords for their property. The court concluded that the landlord's failure to appear as a witness was detrimental to his claim, aligning with established legal precedents. The ruling emphasizes the importance of personal testimony in landlord-tenant disputes, particularly when claiming personal need for the property. Keywords such as 'bona fide requirement', 'ejectment', 'landlord-tenant law', and 'Supreme Court of Pakistan' are critical for SEO optimization in legal discussions surrounding similar cases. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
AJMAL MIAN,
MIR HAZAR KHAN KHOSO, J.
|
| Lawyers |
Tariq Mehmood, Advocate Supreme Court,
M.W.N Kohli, Advocate-on-Record,
Abdul Samad Dogar, Advocate Supreme Court,
S.A.M. Quadri, Advocate-on-Record
|
| Petitioners |
Syed ABDUL RAUF
|
| Respondents |
ABDUL SATTAR
|
| Citations |
1997 SLD 754,
1997 SCMR 1169
|
| Other Citations |
PLD 1976 Kar. 1231,
1981 CLC 327,
1982 CLC 1761,
1982 CLC 1807,
1979 CLC 367
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance (VI of 1959),
Constitution of Pakistan (1973)
|
| Sections |
13,
185(3)
|