| Case ID |
ecd2c0de-82ad-4e9a-9183-f891cb0c7a45 |
| Body |
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| Case Number |
Civil Petition No. 85-P of 1992 |
| Decision Date |
May 24, 1994 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petitioner's appeal against the decision of the High Court, which had upheld the Rent Controller's dismissal of the landlord's ejectment application. The Court found that the petitioner had failed to demonstrate a bona fide need for the premises, as the earlier application for ejectment had been filed by the landlord's son with the landlord's consent. The Court noted that the landlord's subsequent application did not mention the first application and that the landlord was already running a business at the time of the initial request. Thus, the appeal was without merit, and leave to appeal was refused. |
| Summary |
In the case of Civil Petition No. 85-P of 1992, decided on May 24, 1994, by the Supreme Court of Pakistan, the Court addressed the issue of tenant ejectment under the West Pakistan Urban Rent Restriction Ordinance. The petitioner, Syed HAMID MAHMOOD GILANI, sought to evict the respondent, ABDUL REHMAN, claiming personal bona fide need for the premises. However, the Rent Controller dismissed the application, a decision later upheld by the High Court. The Supreme Court found that the petitioner's claim was undermined by the prior application filed by his son, which had been dismissed in default. The increase in rent and the lack of mention of the previous application cast doubt on the petitioner's bona fide need. The Court concluded that the appeal lacked substance and refused leave to appeal. This case highlights the importance of demonstrating genuine need in eviction cases and the implications of prior applications on current claims. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL QADEER CHAUDHARY,
SAIDUZZAMAN SIDDIQUI
|
| Lawyers |
Shahzad Akbar,
Abdul Hamid Qureshi,
Sardar Akhtar Ali,
Haji Bashir Ahmad
|
| Petitioners |
Syed HAMID MAHMOOD GILANI
|
| Respondents |
ABDUL REHMAN
|
| Citations |
1996 SLD 226,
1996 SCMR 1097
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance,
Constitution of Pakistan
|
| Sections |
S. 13,
Art. 185(3)
|