| Case ID |
f5faadd5-af35-4613-a3cd-81dc8aa33d14 |
| Body |
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| Case Number |
Civil Petition No. 20-Q of 2002 |
| Decision Date |
May 11, 2002 |
| Hearing Date |
May 10, 2002 |
| Decision |
The Supreme Court of Pakistan allowed the appeal filed by Muhammad Tayyub against the judgment of the High Court of Balochistan. The court found that the previous courts had failed to appreciate the bona fide need of the landlord for the shop in question for his son. The landlord provided substantial evidence that his son, Abdul Wasay, required the premises for business purposes. The court emphasized that the landlord had the prerogative to decide the suitability of the premises for his needs. The previous decision was overturned, and the tenant was ordered to vacate the premises. |
| Summary |
In the case of Muhammad Tayyub vs. Syed Abdul Habib, the Supreme Court of Pakistan addressed the issue of landlord-tenant relations under the West Pakistan Urban Rent Restriction Ordinance, 1959. The petitioner, Muhammad Tayyub, sought eviction of the respondent, Syed Abdul Habib, from a non-residential building based on the bona fide personal need for his son, Abdul Wasay. The Supreme Court found that the previous courts had failed to recognize the legitimate need of the landlord, who had substantial evidence to prove that his son was not occupying any other suitable premises for business. The ruling underscored the importance of landlords' rights to reclaim property for personal or familial use, rejecting the notion that the availability of another shop could negate the landlord's claim. This case reaffirms the legal principles surrounding eviction processes and the necessity for courts to carefully evaluate evidence related to bona fide needs. The decision not only highlights landlords' prerogatives but also underscores the legal framework governing urban rent restrictions. Keywords: landlord-tenant relations, eviction, bona fide need, urban rent restriction, Supreme Court of Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
High Court of Balochistan,
Civil Judge-II, Quetta
|
| Judges |
Iftikhar Muhammad Chaudhry,
Javed Iqbal
|
| Lawyers |
Tariq Mehmood, Advocate Supreme Court,
Mehta W.N. Kohli, Advocate-on-Record for Petitioner,
Naeem Akhtar, Advocate Supreme Court,
M. Anwar Khan Durrani, Advocate-on-Record (absent) for Respondent
|
| Petitioners |
Muhammad Tayyub
|
| Respondents |
Syed Abdul Habib
|
| Citations |
2002 SLD 1398,
2002 SCMR 1320
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance, 1959
|
| Sections |
13(3)(ii)(a),
13(3)(ii)(b)
|