| Case ID |
738c9379-546d-4f44-9076-c30f2151ef26 |
| Body |
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| 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)
|