| Case ID |
e168e1fc-0292-4a3b-a2fd-18c61203193c |
| Body |
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| Case Number |
Civil Appeal No. K-16 of 1983 |
| Decision Date |
Jan 11, 1989 |
| Hearing Date |
|
| Decision |
The Supreme Court allowed the appeal, determining that the premises in question constituted a shop and not a hotel as defined under the Sind Rented Premises Ordinance. The court concluded that the term 'hotel' should be interpreted in its ordinary sense, implying a place for lodging travelers. The Chief Justice's ruling was overturned as it misread the pleadings, and the case was remanded to the High Court for a merits-based review, focusing on the landlord's personal requirement for the premises. |
| Summary |
In the case of Zafar Ali vs. Allah Bachayo, the Supreme Court of Pakistan addressed the interpretation of the term 'hotel' under the Sind Rented Premises Ordinance. The court emphasized that the premises in question, a shop selling tea, did not meet the criteria of a hotel as it lacked provisions for lodging travelers. This decision underscored the necessity for precise definitions within legal contexts to ensure proper application of laws governing tenant rights and property usage. The ruling highlighted the importance of evidence and clarity in legal pleadings, reinforcing the need for tenants to present jurisdictional challenges at the appropriate stages of legal proceedings. The case also referenced the Evidence Act and constitutional provisions governing appeals, ensuring comprehensive legal analysis. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
SHAFIUR RAHMAN,
ZAFFAR HUSSAIN MIRZA,
SAAD SAOOD,
JAN,
NAIMUDDIN
|
| Lawyers |
K.B. Bhutto, Advocate Supreme Court,
S. Anwar Ali Advocate-on-Record,
Hussain Adil Khatri, Advocate Supreme Court,
S.M. Abbas Advocate-on-Record
|
| Petitioners |
ZAFAR ALI
|
| Respondents |
ALLAH BACHAYO
|
| Citations |
1989 SLD 905,
1989 PLD 294
|
| Other Citations |
Dur Muhammad and others v. Muhammad Qasim PLD 1987 Kar. 273,
K.P. Moidoo and another v. Mst. Noor Jeha Begum 1983 CLC 723
|
| Laws Involved |
Sind Rented Premises Ordinance (XVII of 1979),
Evidence Act (I of 1872),
Constitution of Pakistan (1973)
|
| Sections |
21,
2(b),
15,
58,
185
|