| Case ID |
ec51f331-9ec8-4426-95fa-f70fe3304b70 |
| Body |
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| Case Number |
Civil Appeal No. 581 of 2000 |
| Decision Date |
Jul 15, 2002 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the appeal filed by Mrs. Noor Jehan Bi against the judgment of the High Court of Sindh, Karachi. The High Court had previously allowed the First Rent Appeal filed by the respondent, Muhammad Yousaf, thereby dismissing the ejectment application brought forth by Mrs. Noor Jehan Bi. The Court concluded that under Section 17(4)(b)(i) of the Cantonments Rent Restriction Act, 1963, a landlord can only seek ejectment for their own use and not for the use of any family member, including the husband. The Court emphasized the distinction between requirements for commercial and residential premises, ruling that the landlady's claim did not meet the necessary legal requirements for ejectment of the tenant for commercial use. Therefore, the eviction order was rightly set aside by the High Court. |
| Summary |
In the landmark case of Mrs. Noor Jehan Bi vs. Muhammad Yousaf, the Supreme Court of Pakistan deliberated on the interpretation of the Cantonments Rent Restriction Act, 1963, particularly focused on the provisions concerning the ejectment of tenants from commercial premises. The central question was whether a landlord could seek ejectment for the use of family members, specifically a husband, or if the law strictly required the premises to be for the landlord's own use. The Court determined that the language of the law is clear and unambiguous, allowing only the landlord to claim ejectment for their own bona fide needs. This case is pivotal in defining the rights of landlords under rental laws and underscores the necessity for precise legal interpretations in cases involving tenant eviction. Key terms include 'Cantonments Rent Restriction Act', 'ejectment of tenant', 'commercial premises', and 'landlord's own use'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY,
JAVED IQBAL
|
| Lawyers |
Abdul Rahim Kazi
|
| Petitioners |
Mrs. NOOR JEHAN BI
|
| Respondents |
MUHAMMAD YOUSAF
|
| Citations |
2002 SLD 1541,
2002 SCMR 1933
|
| Other Citations |
Abdul Rashid v. Mst. Adila Musarrat 1982 C LC 149,
Messers Bombay Corporation v. Mst. Amna Begum 1986 CLC 1628,
Muhammad Zaman v. Hasb-un-Nisa and another 1991 SCMR 1307,
Mst. Firdous Sabir v. Haji Mushtaq Ahmed Pervaiz 1994 SCMR 355,
Abdul Salam Akhtar v. Dr. Najma Parvez 1976 SCMR 52,
Col. (Retd.) Dr. Wahaj A. Mirza v. The District Judge, Karachi and 2 others 1983 CLC 1036
|
| Laws Involved |
Cantonments Rent Restriction Act (XI of 1963),
Constitution of Pakistan (1973)
|
| Sections |
17(4)(b)(i),
17(4)(a)(i),
Art.185(3)
|