| Case ID |
f7fa943d-956b-4cb8-b4f7-a0e3b148dcb0 |
| Body |
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| Case Number |
Second Appeal from Original Order No. 338 of 1973 |
| Decision Date |
Feb 04, 1979 |
| Hearing Date |
|
| Decision |
The appeal was dismissed as it was found that the joint application made by the landlord against multiple tenants did not cause any prejudice to the tenants involved. The court upheld the interpretation of the term 'tenant' as inclusive of the plural, allowing the landlord to file a joint application against all tenants of the same building for the same cause of action. The evidence presented by the landlord regarding the bona fide requirement for reconstruction was deemed sufficient, and no credible evidence was provided by the appellants to dispute this claim. The provisions of the West Pakistan Urban Rent Restriction Ordinance were interpreted to protect against any misuse by landlords, ensuring a fair process in the ejectment proceedings. |
| Summary |
This case revolves around the interpretation of the West Pakistan Urban Rent Restriction Ordinance, particularly focusing on the joint application process by landlords against multiple tenants within the same building. The Lahore High Court addressed the legal definitions and application of the term 'tenant' and upheld the principles of the Civil Procedure Code that allow for permissive procedural applications in rent restriction cases. The case highlights the legal balance between landlord rights and tenant protections, emphasizing the need for bona fide requirements in eviction processes. The court's ruling reinforces the legal framework protecting tenants while also acknowledging landlords' rights to reclaim property for legitimate reconstruction needs. This landmark decision is crucial for understanding the dynamics of landlord-tenant relationships within the legal framework of Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MEHBOOB AHMAD, J
|
| Lawyers |
S. M. Bashir for Appellants,
Munir A. Sheikh for Respondents
|
| Petitioners |
AHSANULHAQ AND 5 others
|
| Respondents |
ABDUL RAHIM AND another
|
| Citations |
1979 SLD 205,
1979 PLD 533
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance, 1959,
Civil Procedure Code, 1908
|
| Sections |
13,
13(2),
13(2)(vi),
13(5),
O. I, r.3
|