2005 PLP 1200 (SCMR)
Sheikh ANJUM IQBAL — Petitioner Versus SHER AFGAN — Respondent
| Citation | 2005 PLP 1200 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Nazim Hussain Siddiqui, C.J., Abdul Hameed Dogar and Faqir Muhammad Khokhar, JJ |
| Parties | Sheikh ANJUM IQBAL — Petitioner Versus SHER AFGAN — Respondent |
| Primary Law | Sindh Rented Premises Ordinance (XVII of 1979) |
Q1: What are the key laws and sections cited in 2005 PLP 1200 (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 2005 PLP 1200 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Nazim Hussain Siddiqui, C.J., Abdul Hameed Dogar and Faqir Muhammad Khokhar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 1200 (SCMR) (Sheikh ANJUM IQBAL — Petitioner Versus SHER AFGAN — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Fazal-e-Ghani, Senior Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record (absent) for Petitioner.
- Fakhruddin G. Ibrahim Senior Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for Respondent.
- Date of hearing: 19th April, 2005.
Headnotes / Summary
(On appeal from the judgment dated 21-4-2004 of this Court passed in Civil Appeal No.157 of 1998)
S. 15(2)(ii)(vii)
Constitution of Pakistan (1973), Art.188
Supreme Court Rules, 1980, O.XXVI, R.1
Civil Procedure Code (V of 1908), O.XLVII, R.1
Review of Supreme Court judgment
Bona tide personal need of landlord
Dismissal of ejectment petition by Rent Controller and High Court
Supreme Court allowed petition preferred by landlord with direction to tenant to deliver possession of premises to landlord within one year subject to payment of rent in terms of agreement
Review of judgment of Supreme Court
Commission of such default by tenant had been established by irrefutable evidence
Landlord had clearly established his plea of personal bona fide need
Present case was not a case of misreading, non-reading or mis-appreciation of evidence
Impugned judgment was in consonance with material brought on record
Supreme Court dismissed review petition.
Judgment & Decree
NAZIM HUSSAIN SIDDIQUI, C.J.
Petitioner, Sh. Amjad Iqbal, seeks review of this Court judgment, dated 21-4-2004, whereby Civil Appeal No.157 of 1998 preferred by respondent, Sher Afgan, was allowed and the order of Rent Controller dated 11-5-1989 and judgment of High Court, dated 31-3-1996 were set aside and the petitioner was directed to hand over the vacant possession of the premises in-question to the respondent within a year from 21-4-2004, subject to payment of monthly rent in terms of the agreement.
2. Heard learned counsel for the parties and perused the record.
3. It has been established by irrefutable evidence that the petitioner committed default in payment of rent and that the respondent clearly established his plea of personal bona fide need. It is not a case of misreading, non-reading or mis-appreciation of the evidence. The impugned judgment is inconsonance with the material brought on record and no interference is warranted.
4. In consequence, the review petition is dismissed. S.A.K./A-150/S Review dismissed.