| Case ID |
ec585469-f1e9-4002-80f3-b37d0f528d8c |
| Body |
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| Case Number |
Criminal Reference No. 398 of 1958 |
| Decision Date |
Nov 26, 1958 |
| Hearing Date |
|
| Decision |
The Sindh High Court upheld the conviction of Muhammad Zaki under section 448 of the Pakistan Penal Code for forcibly dispossessing the tenant, Azizun Nabi, from the hotel property. The court concluded that the landlord retains rights even when the property is rented out, and that dispossession of the tenant constitutes an offense against the landlord. The court emphasized that the tenant’s rights to possession did not negate the landlord’s rights to file a complaint for dispossession. The court rejected the recommendation to set aside the conviction, affirming that the landlord could pursue legal action despite the tenant not filing a complaint. The decision also clarified that the landlord’s possession is restored automatically when the tenant vacates the premises, and any unauthorized entry thereafter constitutes an offense. |
| Summary |
The case revolves around the interpretation of section 448 of the Pakistan Penal Code, which addresses the issue of forcible dispossession. The Sindh High Court dealt with the legal implications of a landlord’s rights when a tenant is forcibly dispossessed. In this case, the complainant, Shahid Hussain, had rented out a hotel to Azizun Nabi, who later claimed he was unlawfully dispossessed by Muhammad Zaki, a servant of Azizun Nabi. The court highlighted that the landlord can file a complaint for dispossession even if the tenant does not take action, reinforcing the principle that the landlord's possession is linked to the tenant's rights. The judgment clarified that the possession of the landlord continues even when the property is rented out and that the landlord can reclaim possession once the tenant vacates. This case serves as a significant precedent in establishing the rights of landlords and tenants under Pakistani law, particularly concerning the unlawful dispossession of tenants and the associated legal remedies available to landlords. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
B. Z. KAIKAUS, J
|
| Lawyers |
Muhammad All Saeed,
Nemo
|
| Petitioners |
THE STATE
|
| Respondents |
MUHAMMAD ZAKI,
Azizun Nabi
|
| Citations |
1959 SLD 167,
1959 PLD 345
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
448
|