2000 SCMR 1917 (PLP)
Mrs. HAFEEZA BEGUM — Petitioner Versus ABDUL GHAFFAR — Respondent
| Citation | 2000 SCMR 1917 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Khalil-ur-Rehman Khan and Munir A. Sheikh, JJ |
| Parties | Mrs. HAFEEZA BEGUM — Petitioner Versus ABDUL GHAFFAR — Respondent |
| Primary Law | Sindh Rented Premises Ordinance (XV1l of 1979) |
Q1: What are the key laws and sections cited in 2000 SCMR 1917 (PLP)?
This judgment primarily cites: Sindh Rented Premises Ordinance (XV1l of 1979) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2000 SCMR 1917 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Khalil-ur-Rehman Khan and Munir A. Sheikh, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2000 SCMR 1917 (PLP) (Mrs. HAFEEZA BEGUM — Petitioner Versus ABDUL GHAFFAR — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ali Akbar, Advocate Supreme Court/Advocate-on-Record for Petitioner.
- Nemo for Respondent.
- Date of hearing: 18th November, 1998.
Headnotes / Summary
(On appeal from the judgment of High Court of Sindh, Karachi, dated 24-3-1998 passed in First Rent Appeal No.328 of 1991).
S.15
Constitution of Pakistan (1973), Art. 185(3)
Bona fide personal need of landlady and impairing the value and utility of the premises
Rent Controller dismissed application of landlady after dealing with the questions of default in payment of rent and nuisance
High Court had dealt only with the questions of default and nuisance and there was no discussion with respect to the issue of bona fide need and impairing the value and utility of the premises
Leave to appeal was granted by Supreme Court to examine the grievance of the landlady.
Judgment & Decree
KHALIL-UR-REHMAN KHAN, J.
The petitioner filed an eviction petition seeking ejectment of the respondent from the demised premises of Property No.L126/1, Block 13-G, Gulshan-e-Iqbal, Karachi, on the ground of default in payment of tent, personal bona fide need, impairing the utility of the disputed premises and nuisance. Learned Rent Controller after framing necessary issues and recording the evidence of the. parties rejected the application vide order, dated 7-5-1991. The first appeal of the petitioner/landlady met the same fate vide judgment, dated 24-3-1998 passed by a learned Judge of the High Court of Sindh, Karachi. Hence this petition seeking leave to appeal on the grounds that the learned Rent Controller rejected the application without applying judicious, mind to the evidence on record and also by non-reading and misreading of material piece of evidence specially on the question of bona fide personal need. It is also urged that the learned Judge of the High Court in the impugned judgment, has failed to advert to the challenge made before him to the finding on the question of bona fide personal need, default in payment of rent and impairing value and utility of the property in dispute.
2. We have gone through the impugned judgment of the learned Judge of the High Court and find that only the questions of default and nuisance. have been dealt with therein and there is no discussion with respect to the P' issue of bona fide personal need and the impairing the value and utility of the premises. Hence, grievance of the petitioner needs to be examined. Leave to appeal is, therefore, granted. Q.M.H./M.A.K./H-24/S Leave granted.