| Case ID |
e10625dc-dbc5-42d8-a9e8-7ae2a58e7fda |
| Body |
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| Case Number |
C.P. No. 335 of 2011 |
| Decision Date |
Jan 19, 2012 |
| Hearing Date |
Jan 11, 2012 |
| Decision |
The petition was dismissed, affirming the eviction of the tenant based on the bona fide personal need of the landlords. The court found sufficient evidence presented by the landlords to establish their need for the property, which could not be adequately challenged by the tenant. The decision highlighted that the joining of separate causes of action in the same suit was permissible under the law, and the findings of the lower courts were deemed appropriate and well-supported by evidence. |
| Summary |
In the case of C.P. No. 335 of 2011, the Sindh High Court dealt with a constitutional petition concerning the eviction of a tenant under the Sindh Rented Premises Ordinance, 1979. The landlords, represented by their counsel, successfully argued that they had a bona fide need for the property, which was substantiated by evidence presented in the lower courts. The court reviewed the arguments regarding the validity of joining multiple causes of action in a single suit and confirmed that such practice is permissible under the Civil Procedure Code. The case emphasized the importance of presenting credible evidence to establish personal need, which the landlords achieved. The final decision underscored the principle that a landlord's discretion in determining suitable accommodation should not be undermined by tenant objections. This case serves as a critical reference for similar eviction proceedings, particularly regarding the standards of proof required to establish bona fide needs and the procedural allowances for combining claims in rental disputes. |
| Court |
Sindh High Court
|
| Entities Involved |
Captain PQ Chemical Industries (Pvt.) Ltd.,
Respondent 3,
Respondent 4,
Respondent 5
|
| Judges |
Salman Hamid, J
|
| Lawyers |
Haider Waheed,
Abdul Rehman
|
| Petitioners |
Messrs Captain PQ Chemical Industries (Pvt.) Ltd.
|
| Respondents |
Respondent 3,
Respondent 4,
Respondent 5,
Vith Additional District and Sessions Judge, Karachi
|
| Citations |
2012 SLD 2432,
2012 YLR 1734
|
| Other Citations |
Noor Ali v. Salim 1996 MLD (Kar.) 71,
Hafiz Ferozuddin and 2 others v. Arshad Begum and others 2010 CLC 365,
Haji Abdullah Jan v. Anwar Khan PLD 2000 SC 787,
Arshad Butt v. Manzoor Ahmed 1992 CLC 723,
Muhammad Yousuf through special attorney v. Mst. Anwar Begum and 7 others 2010 MLD 147,
Adamjee Jute Mills v. Province of East Pakistan and others PLD 1959 SC Pak 272,
Mollah Ejahar Ali v. Government of East Pakistan and others PLD 1970 SC 173,
Muhammad Ayub Khan and 4 others v. Chairman Inspection Team Chief Executive Secretariat Muzaffarabad and others 1989 CLC 870 SC AJ&K,
AH Alvi v. Muhammad Tariq PLD 2001 Kar. 389,
Mirza Shamsul Arfin v. Mst. Abida Khatoon 1989 CLC 1926,
K.C.A Mamoo v. Mrs. Badrunnisa 1985 CLC 332,
Chaudhary Tufail Muhammad v. Syed Burhanuddin 1989 MLD 3559,
Muridke Refine Oil Mills (Pvt.) Ltd. v. Secretary Revenue Division Islamabad 2009 PTD 910,
Haji Muhammad Iqbal and 7 others v. Collector of Customs (Appraisement) Dry Port Mughalpura Lahore and another 2005 PTD 1189,
Messrs A.C.E. Enterprises v. Additional District Judge, Lahore and others 1987 SCMR 1174,
Lal Din Masih v. Mst. Sakina Jan 1985 SCMR 1972,
Messrs Imperial Builders v. Lines (Pvt.) Ltd. PLD 2006 Kar. 593,
Ghulam Muhammad v. Zahir Ahmad Khan 1986 CLC 681
|
| Laws Involved |
Sindh Rented Premises Ordinance, 1979,
Civil Procedure Code, 1908,
Constitution of Pakistan
|
| Sections |
19,
15,
O.II, R. 2,
Art. 199
|