P L D 1999 Supreme Court 25 (PLP)
Miss AKHTAR QURESHI — Petitioner Versus NISAR AHMED — Respondent
| Citation | P L D 1999 Supreme Court 25 (PLP) |
| Forum / Court | High Court |
| Bench Members | Mamoon Kazi and Wajihuddin Ahmed, JJ |
| Parties | Miss AKHTAR QURESHI — Petitioner Versus NISAR AHMED — Respondent |
| Primary Law | Sindh Rented Premises Ordinance (XVII of 1979) |
Q1: What are the key laws and sections cited in P L D 1999 Supreme Court 25 (PLP)?
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 P L D 1999 Supreme Court 25 (PLP)?
The case was heard and decided by the High Court bench comprising: Mamoon Kazi and Wajihuddin Ahmed, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1999 Supreme Court 25 (PLP) (Miss AKHTAR QURESHI — Petitioner Versus NISAR AHMED — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Akhlaq A Siddiqui, Advocate-on-Record for Petitioner
- Nemo for Respondent
Headnotes / Summary
S. 15
Constitution of Pakistan (1973), Arts. 185(3) & 25
Bona fide personal need of landlady
Unmarried landlady wanting to live separately in her own flat, the tenant-hold
Contention of the landlady was that her present joint family accommodation was inconvenient and uncomfortable because of her strained relations with her sister-in-law
Leave to appeal to Supreme Court was granted to consider the points that if the landlady, who was grown up and unmarried, desired to live independently, something for which tenets of Islam did not spell prohibition, was that for the Courts to question the motive, and fundamental guarantee of equal treatment before law under Art.25 of the Constitution might also intervene and what a male counterpart in such circumstances might not be denied, should not in all probability be withheld from a female.
Judgment & Decree
WAJIHUDDIN AHMED, J.--Impugned in this petition is an order dated 16-2-1998, passed by the High Court of Sindh in F.R.A. No.275 of 1997. In the result, the F.R.A. was allowed and the order of eviction, passed by. the Controller on the ground of personal need of the. petitioner, was reversed. The petitioner is an unmarried lady and wants to live separately in her own flat situated in Maymar Square, Gulshan-e-Iqbal, Karachi, the tenant-hold in these proceedings. She says that her present joint family accommodation is inconvenient and uncomfortable because of her strained relations with her sister-in-law. .It is no doubt unconventional for an unmarried young lady to live separately according to the usual traits in our society, but the learned Judge in the High Court seems to have overlooked the fact that an independent accommodation is often provided in this very society to daughters proposed to be given in marriage and such may operate as an incentive for getting a proper match. This precisely has been argued by the learned counsel for the petitioner. Even otherwise, the law is to be interpreted dynamically and a move forward in the society is not to be discouraged. If the petitioner, who is grown up and unmarried, desires to live independently, something for which the tenets of Islam do not spell prohibition, is it for the Courts to question the motive? Here, the fundamental guarantee of equal treatment before law under Article 25 (suspended but open for examination) of the Constitution may also intervene and what a male counterpart in such circumstances may not be denied, should not, in all probability, be withheld from a female. The above are questions which require consideration. Leave is granted. M. B. A./A-114/S Leave granted,