| Case ID |
dfb7eda4-3318-49d6-b5ba-b5801932a638 |
| Body |
View case body. Login to View |
| Case Number |
Constitutional Petition No. 504 and C.M.A. No. 339 |
| Decision Date |
Mar 05, 2008 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the petition filed by the petitioners, Haji Ibrahim and others, against the judgment of the I-Additional District Judge Karachi South. The court held that the landlords had failed to prove their bona fide personal need for the demised premises. The court emphasized that mere assertions of personal need without convincing evidence were insufficient. It was noted that the landlords had previously entered into a supplementary agreement with the tenant, which undermined their claim of personal need. The court reiterated that the burden of proof lies on the landlords to demonstrate their genuine requirements and that the judiciary should not interfere with factual findings of lower courts unless there is a clear misreading of evidence. The dismissal was based on the landlords' inability to substantiate their claims, and the court maintained that the waiver clause in the rent agreement did not preclude the landlords from seeking eviction under the Sindh Rented Premises Ordinance. |
| Summary |
In the case before the Sindh High Court, the petitioners, Haji Ibrahim and others, challenged a lower court's decision regarding their claim for eviction of their tenant, HABIB BANK LTD., based on personal bona fide need. The landlords argued that they required the premises for their sons' business, but the court found that they had previously waived this need by entering into a supplementary lease agreement. The court ruled that the landlords did not provide sufficient evidence to support their claim of personal need, emphasizing the need for genuine and convincing proof in such cases. This ruling highlighted the complexities involved in landlord-tenant disputes, particularly concerning the interpretation of lease agreements and the burden of proof required to establish bona fide needs under the Sindh Rented Premises Ordinance. The case reinforces the legal principle that landlords must demonstrate a legitimate personal requirement for their property to succeed in eviction proceedings, otherwise, they risk losing their claims due to previous contractual obligations and agreements. This decision serves as a significant reference for similar cases, illustrating the importance of clarity in legal agreements and the evidential weight required in claims of personal need. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
DR. RANA MUHAMMAD SHAMIM, J
|
| Lawyers |
Sohail Jabbar for Petitioners,
Hasan Akbar for Respondent No. 1
|
| Petitioners |
Haji IBRAHIM and others
|
| Respondents |
HABIB BANK LTD. and others
|
| Citations |
2008 SLD 2715 = 2008 PLD 361
|
| Other Citations |
Muhammad Anwar v. Muhammad Saeed 1991 SCMR 2337,
Sher Khan v. Haji Naqeebuddin 1995 MLD 148,
Haji Mohibullah & Co. v. Khawaja Bahauddin 1990 SCMR 1070,
Muhammad Ashraf v. Muhammad Adil Zaidi 1999 MLD 3312,
Mst. Sarwari Begum v. Ata-ur-Rehman 1997 CLC 1500,
Haji Zainul Abedeen v. Mst. Sharifan Begum 1991 CLC 1515,
Muhammad Saleem Qureshi v. M Mohsin Butt 1996 CLC 381,
Gohar Rashid v. Fazal Hasan Mazhar PLD 1995 Lah. 469,
Lahore Diocesen Trust v. Messrs Glaxo Laboratories 1996 MLD 1825,
Zahoor Din v. Mirza Ayub Baig 1981 SCMR 1081,
Malik Islam Akber v. Mustafa Hussain 1992 CLC 1753,
Shajar Islam v. Muhammad Siddique PLD 2007 SC 45,
Mrs. Tahira Dilwar Ali Khan v. Mst. Syeda Kaneez Sughra PLD 2007 Kar. 50,
Col. Shah Sadiq v. Muhammad Ashiq 2006 SCMR 276,
Matloob Hussain v. Syed Abdul Qayyum 1988 MLD 2150,
Muhammad Ismail v. Mst. Bushra Fayyaz 1993 MLD 702,
Syed Abdul Khair v. Syed Jan Muhammad 1997 CLC 403,
Zafarullah v. Muhammad Akbar 1986 MLD 1755,
Manzoor Ahmad v. Karim Bux PLD 1986 Kar. 637,
Akber Ali v. Abdul Majid 1988 MLD 1412,
Pakistan Food Manufactures v. Sadiq Ishaque 1992 CLC 482,
Fasahat Ali v. Mst. Noor Jehan Begum 1991 CLC 1902,
Fida Hussain v. Noor Muhammad Bana 1985 CLC 3014,
Muhammad Moosa Khawaja v. Haji Muhammad Umar 1995 MLD 1880,
Associated Sales Agencies, Karachi v. The Standard Insurance Co. Ltd. 1985 CLD 2419,
Muhammad Ramzan v. Soofi Muhammad Bashir 1989 MLD 548,
Muzaffar Hussain Jafri v. Fazal Ahmad 1993 MLD 1707,
Adam Limited v. General and Rubber Trading Co. 1998 MLD 579,
Yaqoob Ali v. Ismail 1987 CLC 526,
Faqir Taj v. Mst. Shamsho 2003 YLR 894,
Sakina Bibi v. Aziz Begum 2005 YLR 2947,
Haji Muhammad v. Allah Yar 2007 CLC 960
|
| Laws Involved |
Sindh Rented Premises Ordinance (XVII of 1979),
Constitution of Pakistan (1973)
|
| Sections |
15,
199
|