| Case ID |
d6091c9c-75d7-4124-a839-6799d6869de3 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. K 2 |
| Decision Date |
Feb 14, 1979 |
| Hearing Date |
|
| Decision |
The court dismissed the petition filed by Ghulam Haider against the judgment of the Sind High Court at Karachi, affirming the decisions of the lower courts which had allowed the application of the late Muhammad Siddique's legal heirs under section 13(5 B) of the West Pakistan Urban Rent Restriction Ordinance. The court found that the requirements of the law were duly considered by the lower courts, and Muhammad Siddique had made a legitimate request for accommodation in the new building after the landlord had vacated the old premises for reconstruction. The court held that the landlord's failure to provide suitable commercial space constituted a violation of the tenant's rights under the ordinance, thereby justifying the lower courts' decisions in favor of the tenants. |
| Summary |
In the landmark case involving the West Pakistan Urban Rent Restriction Ordinance, the Supreme Court of Pakistan addressed the rights of tenants in relation to newly constructed premises. The case arose after the landlord, seeking to rebuild, had previously vacated the old building where late Muhammad Siddique had been a tenant for over 65 years. Upon completion of the new structure, Siddique requested possession of a new shop equivalent to his previous space, but the landlord failed to accommodate him. The court upheld the decisions of the lower courts, emphasizing the importance of protecting tenant rights and ensuring that landlords fulfill their obligations under the ordinance. This case highlights critical issues surrounding tenant rights, landlord responsibilities, and the interpretation of housing laws in Pakistan, making it a significant reference point for future cases concerning urban rent restrictions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ANWARUL HAQ, C.J.,
G. SAFDAR SHAH, J
|
| Lawyers |
Khalid M. lshaque, Senior Advocate Supreme Court,
Nizam Ahmad, Advocate on-Record
|
| Petitioners |
GHULAM HAIDER
|
| Respondents |
AND OTHERS,
MUHAMMAD HANIF
|
| Citations |
1979 SLD 592,
1979 SCMR 396
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance, 1959
|
| Sections |
13(5 B)
|