Legal Case Summary

Case Details
Case ID 738c9379-546d-4f44-9076-c30f2151ef26
Body View case body.
Case Number Civil Appeal No. 45-K of 1986
Decision Date Sep 03, 1986
Hearing Date Sep 03, 1986
Decision The appeal was allowed with costs, reversing the findings of the High Court regarding the landlord's bona fide requirement and the tenant's default in payment of electricity charges. The Supreme Court established that the tenant had indeed defaulted in payments and that the landlord had a bona fide need for the premises due to insufficient accommodation for his large family. The judgment emphasized the importance of clear evidence in establishing claims of bona fide need and default in rent payments.
Summary This Supreme Court case revolves around the eviction of a tenant under the Sind Rented Premises Ordinance. The landlord, Ansar Ahmed, sought to eject tenant Jawed Salehjee on grounds of default in paying electricity charges and a bona fide need for the premises for his large family. The Rent Controller initially ruled in favor of the landlord, citing evidence of the tenant's default. However, the High Court reversed this decision, leading to the landlord's appeal to the Supreme Court. The Supreme Court found that the tenant had indeed defaulted and that the landlord's need for the premises was genuine, thus allowing the appeal. This case highlights critical aspects of landlord-tenant law, including the necessity of proving bona fide need and the implications of payment defaults. Keywords: landlord-tenant law, eviction, bona fide need, electricity charges default, Supreme Court of Pakistan.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges MUHAMMAD HALEEM, C.J., MUHAMMAD AFZAL ZULLAH, SHAFIUR RAHMAN, ZAFFAR HUSSAIN MIRZA, ALI HUSSAIN QAZILBASH, J.
Lawyers Abul Khair, Advocate-on-Record for Appellant, Shafaat Hussain, Advocate Supreme Court, Faizan-ul-Haq, Advocate-on-Record for Respondent
Petitioners ANSAR AHMED
Respondents JAWED SALEHJEE
Citations 1987 SLD 314, 1987 SCMR 339
Other Citations Not available
Laws Involved Sind Rented Premises Ordinance (XVII of 1979)
Sections 15(ii)(vii)