| Case ID |
e34fba9b-e2f5-4eec-8ab4-e042b29e5f68 |
| Body |
View case body. Login to View |
| Case Number |
W.P. No. 2825 of 2011 |
| Decision Date |
Dec 11, 2014 |
| Hearing Date |
|
| Decision |
The Peshawar High Court dismissed the constitutional petition filed by Haji Akbar Khan, determining that both the trial and appellate courts had correctly concluded that the petitioner lacked bona fide personal need for the shop in question. The court emphasized that the landlord must demonstrate how and why other available shops were unsuitable for his intended use. The evidence presented showed that the landlord owned multiple commercial properties, and there was insufficient proof to justify the eviction of the tenant based on personal necessity. The court reaffirmed the necessity of 'bona fide' and 'good faith' for eviction orders under the Urban Rent Restriction Ordinance, which were found to be lacking in this case. |
| Summary |
In the case of Haji Akbar Khan vs. Wajid Zahoor, the Peshawar High Court addressed a constitutional petition under Article 199 of the Constitution of Pakistan, focusing on the eviction of a tenant based on the landlord's claimed bona fide personal need. The petitioner, Haji Akbar Khan, sought to evict the tenant from Shop No. 6, Bab Al-Madina Market, citing the need for his son, who was purportedly unemployed, to manage a business. However, the court found that the petitioner had not established a genuine necessity for the shop, as he owned numerous other properties that were either vacant or underutilized. The court's ruling underscored the importance of demonstrating good faith and bona fide intentions in eviction cases, reiterating that landlords must substantiate their claims of personal need. The decision highlights the legal standards governing landlord-tenant relations in Pakistan, particularly under the West Pakistan Urban Rent Restriction Ordinance, and clarifies the evidentiary burden placed on landlords seeking eviction based on personal necessity. This case serves as a critical reference for future disputes involving tenant eviction and landlord rights in Pakistan. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Yahya Afridi,
Qalandar Ali Khan
|
| Lawyers |
Gul Rehman Mohmand for Petitioner,
M. Shoaib Khan,
Hassan Zeb Rahim,
Khan Zeb Rahim for Respondents
|
| Petitioners |
Haji Akbar Khan
|
| Respondents |
2 others,
Wajid Zahoor
|
| Citations |
2015 SLD 2223 = 2015 YLR 2039
|
| Other Citations |
2006 SCMR 152,
2010 MLD 665,
2000 SCMR 542,
Haji Mohibullah v. Khawaja Bahauddin 1990 SCMR 1070,
Muhammad Shoaib Alam and others v. Muhammad Iqbal 2000 SCMR 903,
Syed Jan Muhammad and another v. Syed Abdul Khair 2001 SCMR 1287,
Allies Book Corporation v. Sultan Ahmad 2006 SCMR 152,
Ferozuddin v. Additional District Judge, Karachi East and another 2010 YLR 874,
Pakistan Institute of International Affairs v. Naveed Merchant and others 2012 SCMR 1498,
Ferozuddin and another v. Additional District Judge, Karachi East and another 2012 SCMR 1679,
Muhammad Younas v. Rana Muhammad Zahid PLJ 2012 Isl. 157,
PLD 2000 SC 829,
Shabbir Hussain v. Muhammad Afzal and others 1972 SCMR 47,
Secretary to the Government of the Punjab, Forest Department, Punjab, Lahore, through Divisional Forest Officer v. Ghulam Nabi and 3 others PLD 2001 SC 415,
Badruddin Roshan v. Mst. Razia Sultana and others 2002 SCMR 371,
Muhammad Anwar v. Tahir Jabeen and 3 others 2003 CLC 878,
Messrs Muhammadia Medical Hall, Khan Arm Dealers Through Khurshid Alam v. Mahmood-u-Hassan and 3 others NLR 1982 SCJ 23,
Rasee-Ud-Din and others v. Mian Muhammad Farooq and others 2001 SCMR 1801
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance (VI of 1959),
Constitution of Pakistan
|
| Sections |
13,
199
|