| Case ID |
ffbb9aac-9357-40f1-b39f-85d01d7e1f49 |
| Body |
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| Case Number |
Civil Petition No.1162 of 1988 |
| Decision Date |
Mar 14, 1989 |
| Hearing Date |
Mar 14, 1989 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal filed by Muhammad Ayub and Muhammad Azam against the judgment of the Lahore High Court dated 15-10-1988. The court found no merit in the contentions that the landlady, Mst. Nusrat Begum, had failed to prove her bona fide personal need for the shop. The High Court had earlier reversed the Rent Controller's decision, which had dismissed the landlady's ejectment application. The High Court found that the evidence fully established the landlady's plea regarding bona fide requirement for personal use. The Supreme Court upheld the High Court's decision and refused to re-appraise the evidence. |
| Summary |
In the landmark case of Civil Petition No. 1162 of 1988, the Supreme Court of Pakistan evaluated an appeal concerning the ejectment of tenants from a shop in Sadar Bazar, Sialkot. The case revolved around the Cantonments Rent Restriction Act and the Constitution of Pakistan, specifically focusing on the bona fide personal need of the landlady, Mst. Nusrat Begum. Initially, the Rent Controller dismissed the landlady's application for ejectment, citing insufficient evidence. However, upon appeal, the Lahore High Court reversed this decision, recognizing the landlady's bona fide requirement for personal use. The tenants' petition for leave to appeal was subsequently dismissed by the Supreme Court, which found no grounds for re-appraising the evidence or identifying any misreading by the High Court. This case underscores the judiciary's role in interpreting evidence and applying statutory provisions, highlighting the complexities involved in landlord-tenant disputes and the importance of demonstrating bona fide need in property ejectment cases. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Shop No.696, Sadar Bazar, Sialkot
|
| Judges |
GHULAM MUJADDID,
SAAD SAOOD, JAN, JJ
|
| Lawyers |
S.M. Tayyab, Advocate Supreme Court,
Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioners,
S. Abid Nawaz, Advocate-on-Record,
A. H. Najfi, Advocate Supreme Court for Respondent
|
| Petitioners |
Muhammad Azam,
MUHAMMAD AYUB
|
| Respondents |
Mst. NUSRAT BEGUM
|
| Citations |
1989 SLD 1643,
1989 SCMR 1379
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
Cantonments Rent Restriction Act (XI of 1963)
|
| Sections |
185(3),
17,
24
|