Full Judgment Text & Judicial Ruling

2003 S C M R 1786

2003 S C M R 1786

[Supreme Court of Pakistan]

Present: Munir A. Sheikh, J Sh. MUHAMMAD HANIF---Petitioner

Versus

FAHMIDA SULTANA---Respondent

Civil Miscellaneous Application No.1413-L of 2002 in Civil Petition No 3250-L of 2002, decided on 4th September, 2002.

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)---

----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---Validity---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.

ORDER

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.

Related Legal Research & Directories

• Browse all judgments from Supreme Court of Pakistan
• Search Pakistani statutes: Constitution of Pakistan 1973, PPC, CrPC, CPC & Family Laws
• Analyze this case with Al Wakeelo AI Legal Assistant