| Case ID |
f790a3c9-dfba-40ab-a71c-07100e5ad22f |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 185 |
| Decision Date |
Jun 26, 1984 |
| Hearing Date |
Jun 26, 1984 |
| Decision |
The Supreme Court dismissed the petition for leave to appeal, affirming the findings of the Lahore High Court. The High Court's decision, which upheld the Rent Controller's order for ejectment based on personal need and default in rent payment, was found to be unexceptionable. The arguments presented by the petitioner's counsel were duly considered but did not warrant interference as there was no substantial proof to support claims against the landlord's bona fide need for the premises. The petitioner's contentions regarding the landlord renting out other properties during the proceedings were dismissed due to lack of evidence. The court concluded that no question of law worth consideration arose in this case, thereby refusing leave to appeal. |
| Summary |
This case revolves around the ejectment of a tenant based on the landlord's claim of personal need under the West Pakistan Urban Rent Restriction Ordinance. The Supreme Court of Pakistan upheld the decision of the Lahore High Court, which had previously dismissed the petitioner's claims challenging the eviction order. The case highlights important aspects of landlord-tenant relationships, particularly focusing on the grounds for eviction, such as personal necessity and rent defaults. The court's ruling reinforces the standards required for establishing bona fide needs in eviction cases, emphasizing the importance of evidence in legal proceedings. The decision is significant for understanding tenant rights and landlord responsibilities under Pakistani law. This case is critical for legal professionals dealing with property disputes, as it sets a precedent in adjudicating claims of personal necessity against tenants' rights. The ruling also underscores the need for landlords to substantiate their claims with robust evidence to ensure compliance with legal standards for eviction actions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFI UR RAHMAN,
S. A. NUSRAT,
ZAFFAR HUSSAIN MIRZA
|
| Lawyers |
Muhammad Nawaz Abbasi, Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record
|
| Petitioners |
ABDUL MAJID
|
| Respondents |
others,
GHULAM MUHAMMAD
|
| Citations |
1984 SLD 1045,
1984 SCMR 1584
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
West Pakistan Urban Rent Restriction Ordinance (VI of 1959),
Provisional Constitution Order (1 of 1981)
|
| Sections |
Art. 185 (3),
S. 13,
Art. 9
|