2006 PLP 1483 (SCMR)
HUSSAINI — Petitioner Versus MUKARRAM ALI — Respondent
| Citation | 2006 PLP 1483 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Hamid Ali Mirza and Muhammad Nawaz Abbasi, JJ |
| Parties | HUSSAINI — Petitioner Versus MUKARRAM ALI — Respondent |
| Primary Law | Sindh Rented Premises Ordinance (XVII of 1979) |
Q1: What are the key laws and sections cited in 2006 PLP 1483 (SCMR)?
This judgment primarily cites: Sindh Rented Premises Ordinance (XVII of 1979) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP 1483 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Hamid Ali Mirza and Muhammad Nawaz Abbasi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 1483 (SCMR) (HUSSAINI — Petitioner Versus MUKARRAM ALI — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abdur Rahim Qazi, Advocate Supreme Court for Petitioner.
- Abdul Qadir Khan, Advocate Supreme Court and A.A. Khan, Advocate-on-Record for Respondent.
- Date of hearing: 22nd July, 2004.
Headnotes / Summary
(On appeal from the judgment dated 25-6-2003 passed by High Court of Sindh, Hyderabad Bench passed in F.R.A. No.1 of 2003). --S. 15(2)(ii)(vii)
Constitution of Pakistan (1973), Art.185(3)
Bona fide personal need of landlord--Ejectment order passed by Rent Controller was upheld by High Court
Findings of fact arrived at by Courts below were not suffering from any legal or factual infirmity
Supreme Court dismissed petition, refused leave to appeal, but with consent of landlord granted six months period to tenant to vacate premises.
Judgment & Decree
HAMID ALI MIRZA, J.
This civil petition for leave to appeal is directed against the judgment, dated 25-6-2003 in F.R.A. No.1 of 2003 passed by a learned Judge in Chambers of High Court of Sindh, Karachi, whereby the said F.R.A. was dismissed maintaining the order of ejectment, dated 28-3-2003 passed by Rent Controller, Hyderabad.
2. The facts of the case need not to be reiterated as the same are given in the memo. of petition and the impugned judgment. The learned Rent Controller allowed the eviction application of respondent in respect of Shop No.2, Ground Floor, Hussaini Plaza, Sadar, Hyderabad, against the petitioner-tenant on the ground of personal need and default in payment of rent. The said findings were affirmed by the learned Judge in chambers of High Court of Sindh, Hyderabad Circuit, as per the impugned judgment.
3. Learned counsel for the petitioner has submitted that the findings of learned Judge in chambers and that of the Rent Controller A cannot be sustained because there has been misreading of evidence on record. We do not find any merit in this contention after going through the record, and find that the learned Rent Controller has properly appreciated the evidence adduced before him and has rightly held that the petitioner has committed default in payment of rent and further that the respondent needed the shop in question for his personal need. We do not find any legal or factual infirmity in the findings arrived at by the learned Judge in chambers and the learned Rent Controller, hence, no interference is called for. Consequently, leave to appeal is declined and petition is dismissed. However, learned counsel for the petitioner submits that one year time may be granted to the petitioner to vacate the premises but the learned counsel for the respondent has agreed for maximum period of six months. We find the period of six months would be sufficient for the petitioner to look for another alternate accommodation for shifting his business. Accordingly, we grant six months period to the petitioner to vacate the premises subject to deposit of monthly rent in the office of Rent Controller. In case, on expiry of six months the petitioner fails to vacate the premises, he will be evicted through execution proceedings without notice and with police aid, if necessary. S.A.K./H-14/SC????????????????????????????????????????????????????????????????????????????????? Leave refused.