1987 PLP 1487 (SCMR)
RAJAB ALI and 3 others‑‑Petitioners Versus DAIRUS B. KANDAWALLA and another‑‑Respondents
| Citation | 1987 PLP 1487 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Abdul Kadir Shaikh, S.A. Nusrat and Zaffar Hussain Mirza, JJ |
| Parties | RAJAB ALI and 3 others‑‑Petitioners Versus DAIRUS B. KANDAWALLA and another‑‑Respondents |
| Primary Law | Sind Rented Premises Ordinance (XVII of 1979)‑‑ |
Q1: What are the key laws and sections cited in 1987 PLP 1487 (SCMR)?
This judgment primarily cites: Sind Rented Premises Ordinance (XVII of 1979)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 1487 (SCMR)?
The case was heard and decided by the High Court bench comprising: Abdul Kadir Shaikh, S.A. Nusrat and Zaffar Hussain Mirza, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 1487 (SCMR) (RAJAB ALI and 3 others‑‑Petitioners Versus DAIRUS B. KANDAWALLA and another‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- S. Sharifuddin Pirzada, Senior Advocate Supreme Court with Wajihuddin Ahmed. Advocate Supreme Court instructed by Faizanul Haq, Advocate‑on‑Record for Petitioners (in all Petitions).
- Nemo for Respondents.
- Date of hearing: 1st March, 1984.
Headnotes / Summary
(On appeal from the judgment and order of the Sind High Court at Karachi dated 8‑9‑1983 passed in F.R.As. No. 757/82, 761/82 and 762 of 1982). ‑‑‑S. 14‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑Leave to appeal granted to consider contentions that the erroneous view of High Court that provisions of Sind Rented Premises Ordinance, 1979 governed the cases had affected final orders and that the finding of Courts that landlord bona fide required the premises for personal use was vitiated by wrong approach to the facts of the case.
Judgment & Decree
ABDUL KADIR SHAIKH, J.‑‑ It is submitted that the erroneous view of the High Court that provisions of the Sind Rented Premises Ordinance governed the cases has affected the final orders. It is also submitted that the finding of the Courts that respondents bona fide required the premises for personal use is vitiated by the wrong approach to the facts of the case. These and the other submissions deserve consideration. Leave is granted and the petitions are allowed. Security Rs.1,000 in each case. Appeals shall be heard on the present record, but it is open to the parties to file additional documents. Petitioners shall not be evicted from the demised premises till the appeals are decided, provided they deposit rent in Court in terms of the orders passed in this behalf already. By consent, the appeals shall be heard within one year. S.Q./R‑17/S Leave granted.