2003 PLP 1786 (SCMR)
Present: Munir A. Sheikh, J Sh. MUHAMMAD HANIF — Petitioner Versus FAHMIDA SULTANA — Respondent
| Citation | 2003 PLP 1786 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Munir A. Sheikh, J Sh. MUHAMMAD HANIF---Petitioner |
| Parties | Present: Munir A. Sheikh, J Sh. MUHAMMAD HANIF — Petitioner Versus FAHMIDA SULTANA — Respondent |
| Primary Law | West Pakistan Urban Rent Restriction Ordinance (VI of 1959) |
Q1: What are the key laws and sections cited in 2003 PLP 1786 (SCMR)?
This judgment primarily cites: West Pakistan Urban Rent Restriction Ordinance (VI of 1959) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2003 PLP 1786 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Munir A. Sheikh, J Sh. MUHAMMAD HANIF---Petitioner.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 PLP 1786 (SCMR) (Present: Munir A. Sheikh, J Sh. MUHAMMAD HANIF — Petitioner Versus FAHMIDA SULTANA — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Saeed-ur-Rehman Farrukh, Advocate Supreme Court for Petitioner.
- Date of hearing: 4th September, 2002.
Headnotes / Summary
S.13
Constitution of Pakistan (1973), Art.185(3)
Bona fide personal need of landlady
Ejectment of tenant ordered by Rent Controller
Stay of execution of eviction order
Discretion exercised by Rent Controller
Scope
Landlady was 80 years old and wanted to open a tuition centre in the premises after its vacation
Premises was previously got vacated on the same ground from previous tenant and instead of opening tuition centre; the landlady again rented out the premises
Rent Controller dismissed the ejectment application but Appellate Court allowed the same
Stay of execution of eviction order was sought on the ground that bona fide personal need of landlady, who was more than 80 years, was not established
Contention of the tenant was that the Rent Controller had rightly dismissed the ejectment application by exercising his discretion which was based on sound judicial principles and appraisal of evidence on record
Tenant further contended that the order of Rent Controller had been interfered with without meeting with the reasonings given by Rent Controller or finding that the discretion had not been exercised judicially or the same suffered from arbitrariness
Supreme Court stayed execution of ejectment order with a condition to pay monthly rent
Application was allowed.
Judgment & Decree
S.13
Constitution of Pakistan (1973), Art.185(3)
Bona fide personal need of landlady
Ejectment of tenant ordered by Rent Controller
Stay of execution of eviction order
Discretion exercised by Rent Controller
Scope
Landlady was 80 years old and wanted to open a tuition centre in the premises after its vacation
Premises was previously got vacated on the same ground from previous tenant and instead of opening tuition centre; the landlady again rented out the premises
Rent Controller dismissed the ejectment application but Appellate Court allowed the same
Stay of execution of eviction order was sought on the ground that bona fide personal need of landlady, who was more than 80 years, was not established
Contention of the tenant was that the Rent Controller had rightly dismissed the ejectment application by exercising his discretion which was based on sound judicial principles and appraisal of evidence on record
Tenant further contended that the order of Rent Controller had been interfered with without meeting with the reasonings given by Rent Controller or finding that the discretion had not been exercised judicially or the same suffered from arbitrariness
Supreme Court stayed execution of ejectment order with a condition to pay monthly rent
Application was allowed. Saeed-ur-Rehman Farrukh, Advocate Supreme Court for Petitioner. Date of hearing: 4th September, 2002. The respondent filed ejectment petition seeking eviction of the petitioner from the shop in dispute on the ground of personal need viz. th2t she wanted to open a tuition centre in the premises. Learned counsel for the petitioner submitted that sufficient material has been brought on the record a mention of which has been made in the impugned judgment also that she previously got the shop vacated through ejectment petition on the ground that she wanted to open tuition centre from the previous tenant. After getting the same vacated, she rented it out to one Khalid Mehmood. After these premises were abandoned by that Khalid Mehmood, she rented the same out to the petitioner on 1-7-1998 but on 7-6-1999, she filed the present ejectment petition for personal need alleging that she wanted to open a tuition centre. It is, inter alia, contended that bona fide of the respondent who is more than 80 years old in this background about personal need was not established and the Rent Controller rightly had dismissed the ejectment petition by exercising his discretion which was based on sound judicial principles and appraisal of evidence on the record which has been interfered with without meeting with the reasonings given by the Rent Controller or finding that the discretion has not been exercised judicially or the same suffer from arbitrariness.
2. The main petition shall be fixed in the first week of next available roster. In the meantime, execution of ejectment order shall remain stayed subject to petitioner paying monthly rent in accordance with the agreement between the parties. M.H./M-842/S Application allowed.