Rent Laws of All Times

2026 SCMR 1132 SUPREME-COURT

Supreme Court · 2026

MOHAMMAD ZIAFAT VS TARIQ NAWAZ KHAN TAREEN S.13---Constitution of Pakistan, Art.185(3)---Ejectment of tenant---Concurrent findings of facts by two Courts below---Interference---Petitioner / tenant was aggrieved of eviction order passed against him by Lower Appellate Court and maintained by High Court in exercise of constitutional jurisdiction---Validity---It is not within the domain or func

2026 SCMR 1132 SUPREME-COURT

Supreme Court · 2026

MOHAMMAD ZIAFAT VS TARIQ NAWAZ KHAN TAREEN S.13---Constitution of Pakistan, Art.185(3)---Ejectment of tenant---Concurrent findings of facts by two Courts below---Interference---Petitioner / tenant was aggrieved of eviction order passed against him by Lower Appellate Court and maintained by High Court in exercise of constitutional jurisdiction---Validity---It is not within the domain or func

2026 SCMR 717 SUPREME-COURT

Supreme Court · 2026

NAWAB KHAN VS MUHAMMAD YOUSAF S.13---Qanun-e-Shahadat (10 of 1984), Art.115---eviction proceedings---Tenant denying landlord's title---Remedy for the tenant---Maintainability of ejectment petition---Scope---Respondents instituted a suit for recovery of produce and ejectment against the petitioners which was decreed; the petitioners' appeal, revision petition, and constitutional petition bef

2026 SCMR 321 SUPREME-COURT

Supreme Court · 2026

Dr. MUHAMMAD BASHIR QASIM VS GULZAR MEHMOOD Ss. 15 & 16(1)---Specific Relief Act (I of 1877), Ss. 12, 42 & 54---Ejectment of tenant---Striking off defence---Declaration to title or specific performance of agreement to sell---Defence of petitioners / tenants was struck off due to failure on their part to deposit arrears of rent---Petitioners / tenants claimed to be owners in possession of pr

2026 SCMR 208 SUPREME-COURT

Supreme Court · 2026

Mst. SHAISTA HUSSAIN VS FARZANA NAHEED Preamble---Existence of landlord and tenant relationship being the deriving factor conferring jurisdiction upon the Rent Tribunal---Scope---The 2009 Act proceeds on the assumption that there is a relationship of landlord and tenant between the parties in an eviction petition---The object behind the enactment of the 2009 Act is set out in its Preamble,

2026 SCMR 208 SUPREME-COURT

Supreme Court · 2026

Mst. SHAISTA HUSSAIN VS FARZANA NAHEED Ss.2(l) & 15---Landlord and tenant relationship, existence of---Proof---Onus to prove the existence of a relationship of landlord and tenant between the parties is on the landlord who seeks the eviction of a tenant.

2026 SCMR 208 SUPREME-COURT

Supreme Court · 2026

Mst. SHAISTA HUSSAIN VS FARZANA NAHEED Ss.2(l) & 15---Specific Relief Act (I of 1877), Ss.8, 12 & 54---eviction petition---Landlord and tenant relationship, denial of---Proof---Payment of rent as the determining factor---Significance---Petitioner (the purported buyer and landlady) claiming to have purchased the demised property from respondent No.1 (purported tenant) through agreement to se

2026 SCMR 171 SUPREME-COURT

Supreme Court · 2026

Mrs. TASNEEM ABBAS VS ADDITIONAL DISTRICT JUDGE, LAHORE S.15---Specific Relief Act (I of 1877), S.42---Tenant claiming ownership over rented property by filing a suit for declaration---Repercussions---Pendency of a civil suit filed by a tenant claiming to be an owner of rented premises cannot be a ground in an eviction petition either to dismiss or stay the proceedings before the rent tribu

2026 SCMR 171 SUPREME-COURT

Supreme Court · 2026

Mrs. TASNEEM ABBAS VS ADDITIONAL DISTRICT JUDGE, LAHORE Ss. 5(2), 8 & 9(a)---Punjab Rented Premises Act (VII of 2009), S.15---eviction petition---Landlord and tenant relationship, existence of---Proof---Requirement of entering the particulars of tenancy with the rent registrar, non-compliance of---Effect---Whether such defect was curable---Landlord-tenant relationship, denial of---Tenant cl

2026 MLD 27 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2026

Molvi Najeebullah VS Khan Gul S.13---Balochistan Waqf Properties Act (III of 2020), S.7---Civil Procedure Code (V of 1908), O.VII, R.11---eviction application---Summary rejection of plaint by Rent Controller---Validity---Mixed questions of law and facts---Recording of evidence necessary---Applicability of provisions of C.P.C. in rent laws/special laws---Scope---Control of mosque by Auqaf de

2026 CLC 950 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2026

AMIR RAZA BUTT VS Haji SHAMS-UD-DIN Ss. 13(3)(a)(ii) & 13(2)(vi)---eviction petition---Personal bona fide need of landlord---Scope---Re-construction / erection of rented properties---Scope---Good faith and reasonableness, demonstration of---Pre-requisite---Sanction from municipal authority, statutory requirement of---Scope---eviction of tenants, from rented shops in a market, was denied on

2026 YLR 928 LAHORE-HIGH-COURT-LAHORE

Punjab · 2026

Nasir Ishaq Malik VS Ch. Hasan Nawaz Ss. 17(9) & 24 ---Ejectment application---Rent Controller's order for deposit of arrear of rent and future rent, non-compliance with---Effect---eviction of tenant ordered---For eviction of appellant (tenant) on the grounds of default in payment of rent and expiry of lease a petition under S.17 of the Act, 1963, was moved by the respondent (landlord) clai

2026 YLR 547 LAHORE-HIGH-COURT-LAHORE

Punjab · 2026

Tanveer Amjad Tahir VS Shahid Mehmood Ss.22 & 25---eviction proceedings---Leave to contest---Preconditions---Scope---An application before the Rent Tribunal can only be contested by a respondent while moving an application for leave to contest in terms thereof within ten days of first appearance before the Rent Tribunal---Leave to contest can only be allowed to a respondent if his applicati

2026 YLR 547 LAHORE-HIGH-COURT-LAHORE

Punjab · 2026

Tanveer Amjad Tahir VS Shahid Mehmood Ss.2(b), 15, 19 & 22---Constitution of Pakistan, Art.199---Ejectment proceedings---Rejection of leave to contest, challenge to---Dispute regarding arrears/security requiring oral evidence---Effect---Final order, meaning of---eviction order alone without deciding security/arrears adjustment not a "final order"---Briefly, the petitioner was a tenant of re

2026 CLC 607 LAHORE-HIGH-COURT-LAHORE

Punjab · 2026

HASCOL PETROLEUM LIMITED VS ADDITIONAL RENT CONTROLLER S. 3---Arbitration Act (X of 1940), Ss. 20 & 34---Cantonments Rent Restriction Act (XI of 1963),S. 17---Arbitration clause---Reference to Alternate Dispute Resolution---Certain disputes had arisen between the parties and petitioner sought appointment of an arbitrator---Respondent filed eviction petition before Rent Controller which was

2026 PLD 172 LAHORE-HIGH-COURT-LAHORE

Punjab · 2026

PHIPSONS COMPANY (PVT.) LIMITED VS ZAHID MOYEEN Ss. 2(d) & 15---Ejectment petition---Maintainability---Filing of ejectment petition by un-authorized person, plea of---Contention of tenant was that the ejectment petition was not filed by the 'Trust'(landlord) but by 'Mutwalli'---Validity---'Mutwalli'was not only empowered to engage counsel for the conduct of cases for the Waqf property but h

2026 YLR 492 KARACHI-HIGH-COURT-SINDH

Sindh · 2026

Ahsan Ali VS Ali Ghulam Khoso Ss.13 & 15---eviction proceedings---Tenant subletting demised premises without landlord's written consent---Impermissibility---Sub-lessee failing to establish lawful possession---Sub-lessee claiming ownership of demised premises on the basis of a mere sale agreement---Legality---Sale agreement---Nature and legal effect---Sale agreement not being a document of t

2026 YLR 173 KARACHI-HIGH-COURT-SINDH

Sindh · 2026

Abdul Karim Khan VS M/s Shevron Pakistan Limited Ss.1, 5, 17 & Preamble---Sindh Rented Premises Ordinance (XVII of 1979), S.15---eviction petition before Rent Controller---Maintainability---Property situated within limits of Cantonment area---Jurisdiction of Rent Controller---If property is situated within territorial limits of Cantonment area the provisions of Cantonment Rent Restriction A

2026 MLD 830 KARACHI-HIGH-COURT-SINDH

Sindh · 2026

Gulzar Ahmed VS Muhammad Zaman Ss. 12 & 54---Qanun-e-Shahadat (10 of 1984) Chapter VI---Suit for specific performance of agreement to sell, injunction and recovery of damages---Exclusion of oral evidence by documentary evidence---Plaintiffs claimed to have entered into agreement with defendant to sell suit house, who had already received sale consideration---Validity---Defendant denied that

2026 CLC 731 KARACHI-HIGH-COURT-SINDH

Sindh · 2026

HAROON RASHEED VS SHAHNAWAZ MEMON S.15---Qanun-e-Shahadat (10 of 1984), Art.115---Ejectment of tenant---Estoppel upon tenant, principle of---Applicability---Default in payment of rent---Landlord and tenant, relationship of---Proof---Concurrent findings of facts by two Courts below---Petitioners / tenants were aggrieved of eviction orders passed by Rent Controller, which was maintained by Lo

2026 CLC 594 KARACHI-HIGH-COURT-SINDH

Sindh · 2026

ABDUL GHAFOOR VS Mst. SAKINA S.15---Specific Relief Act (I of 1877), S.42---Civil Procedure Code (V of 1908), S.9---Ejectment petition---Oral tenancy---Relationship of landlord and tenant, denial of---Burden of proof---Landlord has to be prove his land-lordship and existence of relationship with the tenant---Confusion regarding ownership of demised premises---Effect---Rent Controller lackin

2026 CLC 594 KARACHI-HIGH-COURT-SINDH

Sindh · 2026

ABDUL GHAFOOR VS Mst. SAKINA S.15---Delay in seeking eviction of tenant by the landlord---Effect---Presumption of truth in favor of opposite party---Scope---Though non-payment of rent is a recurring cause for invoking jurisdiction of Rent Controller under Sindh Rented Premises Ordinance, 1979 seeking eviction and payment of rent but inordinate delay in adopting a legal course attaches a pre

2026 YLR 842 ISLAMABAD

ICT · 2026

Naveed Ahmad VS Learned Additional District Judge-XI, West, Islamabad Ss. 5 & 17---Registration Act (XVI of 1908), S. 17 (d)---Stamp Act (II of 1899), S. 35---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Non-registration of tenancy agreement--- Payment of stamp duty---Principle--- Petitioner / tenant was aggrieved of eviction order passed by Rent Cont

2026 MLD 538 ISLAMABAD

ICT · 2026

I-Active (Private) Limited VS M/s Saifco Developers Partnership Firm through Managing Partner S.17---eviction of tenant--- Landlord and tenant, relationship of--- Determination--- Rent Controller---Exercise of jurisdiction--- Petitioners / tenants were aggrieved of order passed by Lower Appellate Court setting aside order of Rent Controller whereby he framed an issue to redetermine relation

2026 CLC 104 ISLAMABAD

ICT · 2026

MUHAMMAD NAVEED AWAN VS ADDITIONAL DISTRICT JUDGE, ISLAMABAD (WEST) Ss.17 & 19---Constitution of Pakistan, Art. 199---Ejectment petition---Change/transfer of ownership---Effect---Subsequent / new owner instituting ejectment proceedings---Relationship of landlord and tenant, denial of---Once a tenant, always a tenant---Principle---Mere transfer of ownership does not alter the status of the t

2026 CLC 104 ISLAMABAD

ICT · 2026

MUHAMMAD NAVEED AWAN VS ADDITIONAL DISTRICT JUDGE, ISLAMABAD (WEST) S.19---Ejectment petition---Transfer/change of ownership---Issuance of intimation notice by new owner---Requirement---Exception stated---Filing of an eviction petition itself constitutes sufficient notice to the tenant of the landlord's intention to terminate the tenancy---The institution of eviction proceedings, by necessa

2025 SCMR 1691 SUPREME-COURT

Supreme Court · 2025

SALAHUDDIN AHMED VS KHURRAM SULTAN ABBASI S. 15(2)(vii)---eviction of tenant, seeking of---Ground---Bona fide personal need of the landlord is sufficient reason to seek eviction of tenant---It is the sole choice and prerogative of the landlord to choose the premises which better suits him as he is the best judge of his personal need and he is not under any legal obligation to act upon dicta

2025 SCMR 1691 SUPREME-COURT

Supreme Court · 2025

SALAHUDDIN AHMED VS KHURRAM SULTAN ABBASI S. 15(2)(vii)---eviction petition---Relationship between landlord and tenant, denial of---Suit for specific performance with respect to suit property filed by the tenant---Effect---Where a tenant has entered into an agreement with the vendor and has purchased the demised premises, for which he has instituted suit for specific performance and he deni

2025 SCMR 1691 SUPREME-COURT

Supreme Court · 2025

SALAHUDDIN AHMED VS KHURRAM SULTAN ABBASI S. 15---eviction of tenant---Tenancy, expiry of---Tenant continuing to hold possession of premises without landlord's consent---Effect and scope---After expiration of the tenancy period, a tenant, though can continue to hold over the possession of the rented premises, but his tenancy is rendered invalid, in that, it has come to an end and if there i

2025 SCMR 690 SUPREME-COURT

Supreme Court · 2025

ZAFAR IQBAL VS Syed RIAZ HUSSAIN SHAH S. 15---Constitution of Pakistan, Art. 10A---Rent proceedings---Due process and fair trial---Scope---Rent Tribunal adjudicates upon civil rights and obligations in eviction proceedings, and parties thereto are entitled to a fair trial and due process under Article 10A of the Constitution.

2025 SCMR 690 SUPREME-COURT

Supreme Court · 2025

ZAFAR IQBAL VS Syed RIAZ HUSSAIN SHAH Ss. 15 & 17---Qanun-e-Shahadat (10 of 1984), Arts. 17 & 79---Ejectment of tenant---Document---Proof---Provisions of Qanun-e-Shahadat, 1984---Applicability---Rent Tribunal dismissed ejectment application for failure of landlord to prove rent deed according to the provisions of Articles 17 and 79 of Qanun-e-Shahadat, 1984---Lower Appellate Court allowed a

2025 SCMR 544 SUPREME-COURT

Supreme Court · 2025

UMAR GUL VS Dr. HAFIZA AKHTAR S.13---Ejectment of tenant--- Relationship of landlord and tenant---Proof---Utility bills---Scope---Petitioner/tenant was aggrieved of eviction order passed by Lower Appellate Court, which was maintained by High Court---Petitioner/tenant claimed to be owner of demised premises and had relied upon utility bills in his name---Validity---Utility bills in the name

2025 SCMR 358 SUPREME-COURT

Supreme Court · 2025

SADAQAT ALI VS Mst. NASREEN AKHTAR S. 15---Civil Procedure Code (V of 1908), S. 12(2)---eviction of tenant---Default in payment of monthly rent---Unauthorized subletting of the property---Ex-parte order passed by Rent Controller not obtained by way of fraud or misrepresentation---Rent Controller attempted to serve notices upon the lesses and petitioners in the rent/eviction application thro

2025 SCMR 34 SUPREME-COURT

Supreme Court · 2025

KHURSHID ALI VS MIANGUL ADNAN AURANGZEB (deceased) S.8---Suit for recovery of possession and mesne profit---Declaration, non-seeking of---Defective title of opponent---Effect---Respondents/ plaintiffs sought recovery of possession of suit property and mesne profit on the plea of their ownership---Trial Court dismissed the suit but Lower Appellate Court decreed the same in favour of responde

2025 PLD 582 SUPREME-COURT

Supreme Court · 2025

ISHFAQ AHMED VS MUSHTAQ AHMED S. 19---Ejectment of tenant---Striking off defence---Petitioner/ landlord was aggrieved of judgment passed by High Court setting aside eviction order passed against respondent/tenant to vacate rented premises---Validity---Oral testimonies and documentary evidence produced by petitioner/landlord remained unchallenged, as right of respondent/tenant to cross-exami

2025 YLR 657 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2025

Abdul Rauf Kasi VS Syed Niza-ud-Din Ss. 13 & 15---Ejectment of tenant---Sub-letting---Default in payment of monthly rent---Non-appearance for cross-examination---Effect---Appellant / landlord was aggrieved of dismissal of his application seeking ejectment of respondents / tenants---Validity---Respondent / tenant was statedly a subletee, who at no point of time during the course of eviction

2025 PLD 68 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2025

ALLAH DAD VS MAQBOOL AHMED Ss. 47 & 151---Execution proceedings---Application for grant of relief not mentioned in the decree---Scope---Decree of eviction was passed by the Rent Tribunal with a direction to hand over vacant possession of shops and deposit remaining rent amount---Respondent/ decree holder filed an application under S. 151, C.P.C. before the Executing Court for grant of outst

2025 MLD 918 PESHAWAR-HIGH-COURT

KPK · 2025

Irfan Ullah VS Fayaz S. 13(6)---eviction petition---Order of the Rent Controller to deposit rent---Default by the tenant---Defence of the tenant, striking of---In wake of default in payment of monthly rent pursuant to the order of the Rent Controller, the defence of the tenant was struck of and eviction order was passed---Landlord filed constitutional petition as the District Court remanded

2025 CLC 1210 PESHAWAR-HIGH-COURT

KPK · 2025

MUHAMMAD RAHMAN VS MUHAMMAD AYUB Ss.13 & 14---eviction of tenant---Default in payment of outstanding rent---Recovery by landlord---Possession of the tenant over the premises after expiry of period of tenancy---Disappearance of tenant from the proceedings before the Rent Controller---Partial acceptance of application to the extent of ejectment and dismissal of appeal of tenant for recovery o

2025 CLC 1210 PESHAWAR-HIGH-COURT

KPK · 2025

MUHAMMAD RAHMAN VS MUHAMMAD AYUB Ss.13 & 14---eviction of tenant---Default in payment of outstanding rent---Solitary statement of landlord on oath not cross-examined by the tenants---Evidentiary value---Solitary statement of the landlord had not been cross-examined and whatever was deposed by him had gone unrebutted---In such circumstances, sole statement of the landlord could be considered

2025 YLR 663 LAHORE-HIGH-COURT-LAHORE

Punjab · 2025

Muhammad Ali VS Iftikhar Hussain Ss. 17 & 24---Ejectment of tenant---Default in payment of monthly rent---Relationship of landlord and tenant, denial of---Ejectment petition filed by respondent / ejectment petitioner was allowed by Rent Controller and appellants / tenantswere evicted from the premises---Validity---There was nothing on record to indicate that respondent / landlord whom appel

2025 YLR 663 LAHORE-HIGH-COURT-LAHORE

Punjab · 2025

Muhammad Ali VS Iftikhar Hussain S. 17---Ejectment of tenant---Relationship of landlord and tenant, denial of---Effect---If relationship of landlord and tenant is denied in an eviction petition, which subsequently proves to be false and concocted, then the tenant cannot be allowed to prove that he is not a defaulter.

2025 YLR 13 LAHORE-HIGH-COURT-LAHORE

Punjab · 2025

Khurram Shahzad VS Zeeshan Nawaz S. 5---Landlord and tenant relationship---Proof---Petitioners / tenants assailed eviction orders passed by two Courts below on the plea that there was no relationship of landlord and tenant between the parties--- Validity---Petitioners were only tenants of rented premises and were acting in support of their purported landlord to prove his title in respect of

2025 PCrLJ 1919 LAHORE-HIGH-COURT-LAHORE

Punjab · 2025

Muhammad Afzal VS State Ss. 3 & 7---Complaint---eviction and mode of recovery as an interim relief passed in a complaint under S.7 of the Illegal Dispossession Act, 2005---Possession orders passed as interim relief, invalidity of---Specificity and proper procedural consideration, lack of---Scope and effect---Interim relief, grant of---Stage---"During trial", meaning of---Petitioner ( accuse

2025 CLC 1852 LAHORE-HIGH-COURT-LAHORE

Punjab · 2025

SHABANA PARVEEN VS Malik MOHSIN HASSAN RASHEED Ss. 2(l) & 24---eviction application---Relationship of landlord and tenant, denial of---Order for payment of rent pending proceedings---Principle---Where the relationship of landlord and tenant is denied, the Rent Tribunal would lack jurisdiction, on account of the doctrine of jurisdictional fact, to pass an order for payment of rent due under

2025 CLC 1810 LAHORE-HIGH-COURT-LAHORE

Punjab · 2025

IZZAT KHAN VS ADDITIONAL DISTRICT JUDGE Art. 199---Punjab Rented Premises Act (VII of 2009), S. 15---eviction of tenant---Concurrent findings---Invoking constitutional jurisdiction of High Court---Scope---The question relating to existence of relationship of landlord and tenant inter se parties was undoubtedly a question of fact which had been concurrently resolved by both the courts below

2025 CLC 1705 LAHORE-HIGH-COURT-LAHORE

Punjab · 2025

FAYYAZ AHMED VS SPECIAL JUDGE (RENT) O.XXI, Rr.100, 101 & 103---Cantonments Rent Restriction Act (IX of 1963), S. 17---Ejectment proceedings---Execution of eviction order---Adjudication of questions as to title, right, interest or possession by the Executing Court---Powers and jurisdiction of Executing Court---Scope---Rule 103 of O. XXI of C.P.C. was substituted through Law Reforms Ordinanc

2025 CLC 1705 LAHORE-HIGH-COURT-LAHORE

Punjab · 2025

FAYYAZ AHMED VS SPECIAL JUDGE (RENT) S. 17---Civil Procedure Code (V of 1908), O.XXI, Rr.100, 101 & 103---Ejectment proceedings---Execution of eviction order---Objection application by the tenant, adjudication of---Scope---While adjudicating objection application of the tenant the court was obligated to frame issues and record evidence in order to resolve disputes raised by the tenant---Pet

2025 CLC 1268 LAHORE-HIGH-COURT-LAHORE

Punjab · 2025

ASIF ZAHOOR VS MUHAMMAD HANIF Ss. 2(j), 17, 17(8), 17(9) & 24---eviction of tenant---Non-compliance with tentative rent order passed by Rent Controller, consequences of---Scope---Failure to deposit rent, as ordered under S. 17(8) of the Cantonments Rent Restriction Act, 1963 (Act, 1963), leads to striking off defence and eviction without further proceedings as provided under S. 17(9) of the

2025 CLC 1268 LAHORE-HIGH-COURT-LAHORE

Punjab · 2025

ASIF ZAHOOR VS MUHAMMAD HANIF Ss. 2(j), 17, 17(8), 17(9) & 24 ---Ejectment application---Default in payment of rent and personal bona fide need of the landlord---Tentative rent order passed, non-compliance of---eviction of tenant ordered---Tenancy relationship, denial of---Tenant, definition of---Scope---Person remaining in possession and paying rent qualifies as tenant, even after expiry o

2025 MLD 1897 LAHORE-HIGH-COURT-LAHORE

Punjab · 2025

Muhammad Munir VS Mansoor Rasheed S. 15---Punjab Waqf Properties Ordinance (IV of 1979), S.2(e)---eviction petition---Relationship of landlord and tenant, denial of---Determination---Waqf property being demised premises---Scope---Claim of eviction petitioner was concurrently dismissed---Validity---In the present case, in view of respective claims of both the parties exhibited Waqf-deed beca

2025 MLD 1871 LAHORE-HIGH-COURT-LAHORE

Punjab · 2025

Malik Ijaz Ahmad Khan VS Federation of Pakistan Ss.3 & 5---Constitution of Pakistan, Art.199---Expiry of lease---Extinguishment of occupancy rights---Continued possession by lessee after lease term---Effect---Occupancy charges---Demand notice issued by authorities---Legality and scope ---Auction proceedings for grant of fresh lease term---Lessee of the expired lease claiming 'first right of

2025 MLD 344 LAHORE-HIGH-COURT-LAHORE

Punjab · 2025

Muhammad Amin VS Muhammad Asif Askari S. 17(4) --- eviction of tenant --- Personal bona fide need---Scope --- Rent Controller allowed the ejectment petition filed by the respondents seeking eviction of the appellant from shop (rented premises) --- Validity--- Personal bona fide need is one of the recognized grounds for eviction of a tenant from the rented premises under S.17 of the Cantonme

2025 MLD 344 LAHORE-HIGH-COURT-LAHORE

Punjab · 2025

Muhammad Amin VS Muhammad Asif Askari S. 17---eviction of tenant---Multiple grounds for eviction asserted by landlord---Effect---Rent Controller allowed the ejectment petition filed by the respondents seeking eviction of the appellant from shop (rented premises)---Validity---If landlord canvasses multiple grounds for the eviction of the tenant it is not necessary for him to establish and pr

2025 MLD 344 LAHORE-HIGH-COURT-LAHORE

Punjab · 2025

Muhammad Amin VS Muhammad Asif Askari S. 17 ---Premises rented for residential purpose ---Conversion into commercial activity --- Effect---Record revealed that while moving the ejectment petition, the respondents/landlord canvassed that the "rented premises" were in fact meant for residential purpose and on account of its conversion into commercial activity, a notice was served by the conce

2025 MLD 344 LAHORE-HIGH-COURT-LAHORE

Punjab · 2025

Muhammad Amin VS Muhammad Asif Askari Ss. 17(4), 17(5) & 17(6)--- eviction of tenant --- Personal bona fide need ---Scope --- Rent Controller allowed the ejectment petition filed by the respondents seeking eviction of the appellant from shop (rented premises) --- Validity--- In terms of subsection (5) of S.17 of the Cantonments Rent Restriction Act, 1963 ('the Act 1963'), the Controller sha

2025 YLR 2329 KARACHI-HIGH-COURT-SINDH

Sindh · 2025

Mrs. Rehana Khatoon VS M/s Delsol the School S.15---eviction petition---Maintain-ability---Landlord being represented through attorney---Effect and scope---Such petition is maintainable if instituted through a duly authorized attorney representing the landlord---Landlord/landlady cannot be non-suited on the ground of non-examining himself/herself in support of personal bona fide need and hi

2025 YLR 2329 KARACHI-HIGH-COURT-SINDH

Sindh · 2025

Mrs. Rehana Khatoon VS M/s Delsol the School S.15---eviction petition---Personal bona fide need of the landlord/ landlady---Scope---The petitioner (landlady) filed eviction petition against respondent No.1 under S.15 of the Sindh Rented Premises Ordinance, 1979 (SRPO, 1979), on grounds of default, nuisance, and personal bona fide need---The Rent Controller allowed the application filed by t

2025 YLR 2329 KARACHI-HIGH-COURT-SINDH

Sindh · 2025

Mrs. Rehana Khatoon VS M/s Delsol the School S.15-A---eviction petition---Personal bona fide need of the landlord/landlady, plea of---Protection available to the tenant where landlord/ landlady misuses plea of personal bona fide need---Accountability mechanism---Scope---The provision of S.15-A of the Sindh Rented Premises Ordinance, 1979 was introduced to ensure that ejectment proceedings a

2025 YLR 1114 KARACHI-HIGH-COURT-SINDH

Sindh · 2025

Shaikh Nasiruddin VS Ghulam Ali Kaderbhoy S.15---Constitution of Pakistan, Art.199---Ejectment of tenant---Default in payment of rent---Order of eviction of tenant by the Rent Tribunal---Filing of appeal---Delivery of possession of the demised premises during the pendency of appeal, which culminated into dismissal of appeal having become infructuous---Validity---During the pendency of appea

2025 YLR 382 KARACHI-HIGH-COURT-SINDH

Sindh · 2025

Ali Abid VS Muhammad Ayoub Ss.15 & 16---Tentative rent-depositing order, non-compliance of---Effect---Relationship of landlord and tenant, denial of---eviction order was passed after the tenant failed to comply with tentative rent-depositing order passed by the Rent Controller allowing Rent Application filed by the landlord---Petitioner / tenant filed constitutional petition as District Cou

2025 YLR 125 KARACHI-HIGH-COURT-SINDH

Sindh · 2025

Aslam VS United Bank Ltd. S.15---eviction petitions---Default in payment of rent---Subletting without consent of bank/landlord---eviction petitions were dismissed by the Rent Tribunal, against which appeals were preferred, which were accepted on the ground of default only as the ground of subletting the shops was withdrawn by the landlord---Contentions of the petitioners/tenants was that th

2025 MLD 1001 KARACHI-HIGH-COURT-SINDH

Sindh · 2025

Dr. Hassan Fatima, Sindh Medical Centre VS Pakistan Red crescent society through Provincial Secretary Ss.15-A & 15(2)(vii)---eviction of tenant---Personal bona fide need of land lord---Default in payment of rent---Landlord's testimony viz. bona fide need sufficient if unshaken in cross-examination---Landlord's testimony going unrebutted---Ejectment upheld---Protection to tenants---Accountab

2025 MLD 789 KARACHI-HIGH-COURT-SINDH

Sindh · 2025

Agha Imtiaz Ali Khan VS Mrs. Syeda Tatheer Fatima S. 12(2) & O.1, R. 10(2)---Rent matter---eviction of tenant---Ex-parte ejectment order---Respondent No. 1 filed ejectment application against respondent No. 2---Rent controller allowed the eviction application by way of an ex-parte order---Petitioner filed an application under S.12(2) read with O.1, R. 10(2), C.P.C., seeking recalling of the

2025 MLD 633 KARACHI-HIGH-COURT-SINDH

Sindh · 2025

Nawab VS Ihsan Ali Khan Ss. 3, 4, 5, 6 & 7---Criminal Procedure Code (V of 1898), S. 439---Illegal dispossession of property---Appreciation of evidence---Civil litigation---Scope---Allegation against accused/respondents was that they illegally dispossessed the applicant and his brother issuing threats of murder---Complaint filed by the applicant/complainant was dismissed---Validity---Record

2025 CLC 1510 KARACHI-HIGH-COURT-SINDH

Sindh · 2025

MEEZAN BANK LIMITED VS EDULJEE DINSHAW (PVT.) LIMITED S. 15(2)(ii), proviso---Ejectment of tenant---Default in payment of rent---Subsequent payment---Effect---Petitioner / tenant claimed that subsequently it paid the rent due, therefore, there was no default under proviso to S. 15(2)(ii) of Sindh Rented Premises Ordinance, 1979---Validity---Provision of proviso to S. 15(2)(ii) of Sindh Rent

2025 CLC 1418 KARACHI-HIGH-COURT-SINDH

Sindh · 2025

Mst. SHAMSHAD BEGUM VS SHAHID ALI Ss. 5 & 20---Civil Procedure Code (V of 1908), S. 12(2)---eviction petition---Oral tenancy, proof of---Relationship of landlord and tenant, denial of---Proof---Jurisdiction of the Rent Controller---Scope---Respondent No.1 (alleged to be a tenant) claimed that he never remained in possession of the suit property---Copy of rent agreement was not produced by t

2025 CLC 1116 KARACHI-HIGH-COURT-SINDH

Sindh · 2025

CEDAR PRIVATE LIMITED VS SENIOR CIVIL JUDGE-II/RENT CONTROLLER KARACHI SOUTH Ss.15, 16(1) & 16(2)---Constitution of Pakistan, Art.199---eviction of tenant---Willful default in payment of rent and infringement of tenancy agreement---Pendency of civil suits regarding the premises---Filing of application by the landlord for deposit of arrears of rent and future rent---Passing of tentative orde

2025 CLC 1116 KARACHI-HIGH-COURT-SINDH

Sindh · 2025

CEDAR PRIVATE LIMITED VS SENIOR CIVIL JUDGE-II/RENT CONTROLLER KARACHI SOUTH Ss. 15 & 16(1)---Constitution of Pakistan, Art.199---eviction of tenant---Interlocutory order of deposit of arrears of rent and future rent---Interference by the High Court in its constitutional jurisdiction---Scope---Jurisdiction of High Court under Art. 199 of the Constitution cannot be invoked against an interlo

2025 CLC 1054 KARACHI-HIGH-COURT-SINDH

Sindh · 2025

MEHMOOD BROTHERS VS YOUSUF ALI S. 15---Constitution of Pakistan, Art. 199---Limited scope of constitutional jurisdiction in rent matters---Ejectment application based on bona fide personal need of landlord / landlady---eviction ordered by Rent Controller---Scope---Requirement for eviction under personal use---Establishing landlord's need is genuine and in good faith---Unshaken and consisten

2025 CLC 876 KARACHI-HIGH-COURT-SINDH

Sindh · 2025

NANIK RAM JETHWANI VS LAKHMICHAND WADWANI S. 15(2)---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Default in payment of rent and bona fide personal need of land lord---Denial of relation of landlord and tenant on the ground of business partnership---Ejectment application filed by the landlord was dismissed by the Rent Controller but Appellate Court or

2025 CLC 876 KARACHI-HIGH-COURT-SINDH

Sindh · 2025

NANIK RAM JETHWANI VS LAKHMICHAND WADWANI O. XLI, R. 24---Sindh Rented Premises Ordinance (XVII of 1979), S.15(2)--- Where evidence on record sufficient---Power of Appellate court to determine case finally---Scope---Plea of the petitioner (tenant) was that the Appellate Court instead of passing the eviction order should have remanded the matter to the Rent Controller---Validity---Appellate

2025 YLR 2784 ISLAMABAD

ICT · 2025

Fazal Raheem VS Rent Controller (East), Islamabad Art.199---Islamabad Rent Restriction Ordinance (IV of 2001), S.21(1)---eviction petition---Interlocutory order passed by Rent Controller---Appeal against interlocutory orders, prohibition of---Legislative bar---Constitutional jurisdiction of the High Court, invoking of---Limitations and scope---It is trite principle of law that when a statut

2024 SCMR 1796 SUPREME-COURT

Supreme Court · 2024

Mst. MUSSARRAT SHAHEEN VS Mst. VERBEENA KHAN AFROZ S. 15---eviction of tenant---Default in payment of rent---Personal bona fide need of landlady---When a landlord/landlady pursues eviction on the grounds of personal bona fide need and non-payment of rent, such a claim cannot be dismissed simply by challenging the ownership of the property---It is pertinent to consider the substance of the l

2024 SCMR 1767 SUPREME-COURT

Supreme Court · 2024

MUHAMMAD AIN-UL-HAQ VS ABDUL ALI S. 15---eviction of tenant---Execution proceedings---Scope---Tenant challenging only the execution proceedings rather than the original eviction order---Effect---In the present case tenant (petitioner) had only challenged the execution proceedings rather than the original eviction order passed by the Rent Controller---As the eviction order itself had not bee

2024 SCMR 1560 SUPREME-COURT

Supreme Court · 2024

ASHFAQ HUSSAIN VS GHULAM NABI Ss. 15 & 18---eviction petition---Death of original tenant---No intimation of such death to the landlord---Subletting without consent of landlord---Respondent (current occupant of subject premises) had admitted that he never informed the landlords/petitioners about the death of his grandfather, who was the original tenant inducted by the petitioners---Moreover,

2024 SCMR 781 SUPREME-COURT

Supreme Court · 2024

ALAY JAVED ZAIDI VS HABIBULLAH Ss. 8, 15 & 18---Change of ownership---Intimation of such change to the tenant---Substantial compliance of section 18 of the Sindh Rented Premises Ordinance, 1979 ('the Ordinance')---Scope---Institution of an application for determination of fair rent by the new landlord under section 8 of the Sindh Rented Premises Ordinance, 1979 would be deemed to be suffici

2024 SCMR 452 SUPREME-COURT

Supreme Court · 2024

NASIR KHAN VS NADIA ALI BUTT S. 25(3)---Ejectment petition---Ex-parte proceedings against tenant---Tenant deliberately delaying proceedings by not appearing before the Rent Tribunal---eviction petition was instituted on 22.04.2021 and summons were issued to the petitioner (tenant) for appearance on 30.04.2021, however, despite receipt thereof by the petitioner's brother, the petitioner was

2024 PLD 960 SUPREME-COURT

Supreme Court · 2024

MUSHTAQUE AHMED VS SHAHZAD KHAN S. 22---Constitution of Pakistan, Art. 204---Supreme Court Rules, 1980, O. XXVII, R. 1---eviction order---Execution proceedings---Rent Controller as the Executing Court---Scope---Contempt proceedings for violation of order of the Supreme Court---Ejectment order passed by the Rent Controller was affirmed in the First Rent Appeal, and thereafter it was further

2024 YLR 532 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2024

ZAHOOR DIN VS REHMATULLAH Ss. 13 & 15---eviction petition---Relationship of landlord and tenant, denial of---Jurisdiction of the Rent Controller, invoking of---eviction petitioner (claiming ownership of the demised property on the strength of mutation entry in the Record-of-Rights in his name) moved eviction petition before the Rent Controller---Person-in-possession of the demised property

2024 MLD 1785 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2024

Hunain alias Moon VS Murad Bakhsh Ss.13 & 13(2)(1)---eviction of tenant---Default in payment rent---Rent Tribunal ordering recovery of outstanding rent alongwith utility bills---Legality---Denial of relationship of landlord and tenant---Tenancy without written instrument---There was no evidence to substantiate the contention of the appellant that the premises in question was rented out by a

2024 CLC 2052 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2024

NAIMAT ALI SHAH VS ANJUM SHAGUFTA Ss.13(1) & 13(3)(a)(i)(a)---Qanun-e-Shahadat (10 of 1984), Arts.115 & 125---eviction order----Default in payment of rent---Personal bona fide need---Denial of relationship of landlord and tenant---Burden of proof---Non-mentioning of details as to purchase of property in dispute---Entering into a contract of tenancy and admission as to payment of rent---Deni

2024 YLR 2779 PESHAWAR-HIGH-COURT

KPK · 2024

Nisar Ullah VS Farman Ali Ss.13-A & 13(6)---Ejectment of tenants---Denial of relationship of landlord and tenant---Deposit of rent before the Rent Controller---Petitioners/ subsequent transferees of property in dispute posing themselves to be landlords filed eviction petitions on the grounds of default, personal need and violation of terms of agreement---During the pendency of eviction peti

2024 YLR 552 PESHAWAR-HIGH-COURT

KPK · 2024

UMER KHAN VS MEMBER-I, BOARD OF REVENUE, KHYBER PAKHTUNKHWA, PESHAWAR S. 12(2)---Khyber Pakhtunkhwa Tenancy Act (XXV of 1950), Ss. 52 & 56---Appeal, preferring of---Limitation---Time requisite to obtain certified copies---Scope---Revenue Court (of original jurisdiction) while accepting the suit filed by the land-owners, passed the eviction order, which order was maintained by the first Appe

2024 YLR 122 PESHAWAR-HIGH-COURT

KPK · 2024

NISAR (deceased) VS MUHAMMAD IQBAL (deceased) S. 13---Constitution of Pakistan, Art. 199---eviction of tenant---Willful default in payment of rent---Concurrent findings---Constitutional jurisdiction of the High Court---Scope---High Court could not interfere with the concurrent findings of both the Courts below until and unless there had been found any material irregularity or misapplication

2024 YLR 122 PESHAWAR-HIGH-COURT

KPK · 2024

NISAR (deceased) VS MUHAMMAD IQBAL (deceased) S. 13---eviction of tenant---Wilful default in payment of rent---Tendering of rent---Options---Rent Controller passed eviction order, which was maintained by the Appellate Court---Contention of the petitioner/tenant was that he had attempted to discharge his liability of paying the rent arrears---Validity---Record was silent regarding the conten

2024 CLC 1966 PESHAWAR-HIGH-COURT

KPK · 2024

RAHIM ULLAH VS Mst. YASMEEN BIBI S.13(2)(ii)(a)---Ejectment of tenants---Sub-tenant, status of---Demised property was rented out to the tenants with condition of construction, who without permission of landladies further sublet the same to first subletees and the said subletees sublet the same to second subletees---Tenants admitted subletting owing to insufficient amount for construction---

2024 CLC 493 PESHAWAR-HIGH-COURT

KPK · 2024

MUHAMMAD YASIN VS LOCAL GOVERNMENT through Secretary Local Government Khyber Pakhtunkhwa at Peshawar Ss.3, 11, 12 & 13---Specific Relief Act (I of 1877), S.42---Suit for declaration---Public property, dispute over---Title or ownership, question of---Entries in the revenue record---Scope---Jurisdiction of the Tribunal constituted under Khyber Pakhtunkhwa Public Property (Removal of Encroachm

2024 CLC 64 PESHAWAR-HIGH-COURT

KPK · 2024

The DEPUTY COMMISSIONER BAJAUR VS Mst. MAHI SULTAN Ss.7(5) & 11---Constitution of Pakistan, Art. 199---Allotment of Government accommodation---Removal of encroachments and eviction of unauthorized occupant---Scope---Allotted quarter was cancelled from the name of the respondent---Being aggrieved, she filed a declaratory suit with permanent and mandatory injunction against the Deputy Commiss

2024 YLR 1981 LAHORE-HIGH-COURT-LAHORE

Punjab · 2024

Sohail Niaz Khan VS Bilal Rizwan Ss. 19 & 22---eviction petition---Relationship of landlord and tenant, denial of---Failure to deposit rent---Effect---eviction orders were concurrently passed against the petitioner / tenant---Validity---Plea of the petitioner /tenant was that he was paying rent to the mother of the respondent (ejectment petitioner) after the demise of respondent's father, t

2024 YLR 1981 LAHORE-HIGH-COURT-LAHORE

Punjab · 2024

Sohail Niaz Khan VS Bilal Rizwan Ss. 19 & 22---eviction petition---Relationship of landlord and tenant, denial of---Failure to deposit rent as directed by High Court---Effect---Petitioner/tenant was directed to deposit rent before the High Courtby the 5th day of relevant month, when he approached it (High Court) against eviction ordershaving concurrently been passed against him---Petitioner

2024 YLR 1981 LAHORE-HIGH-COURT-LAHORE

Punjab · 2024

Sohail Niaz Khan VS Bilal Rizwan Ss. 19 & 22---eviction petition---Relationship of landlord and tenant, denial of---Legal heirs of original landlord/land-owner, entitlement of---Scope---Oral tenancy---Scope---Failure to deposit rent---Effect---eviction orders were concurrently passed against the petitioner / tenant---Plea of the petitioner /tenant was that he was paying rent to the mother o

2024 YLR 776 LAHORE-HIGH-COURT-LAHORE

Punjab · 2024

MUHAMMAD ISLAM VS ADDITIONAL DISTRICT JUDGE Ss. 2(d), 15, 19 & 22---eviction petition---Relationship of landlord and tenant, denial of---Status of ejectment petitioner as "landlord"--- Scope---Petitioner/tenant, who admittedly executed the lease agreement with the respondent, had failed to establish bona fide in raising plea regarding status of respondent as landlord---Definition of the 'la

2024 YLR 776 LAHORE-HIGH-COURT-LAHORE

Punjab · 2024

MUHAMMAD ISLAM VS ADDITIONAL DISTRICT JUDGE Ss. 15 & 19---eviction of tenant---Tenancy agreement, expiry of---Scope---Petitioner/tenant was non-suited by both the Courts below on his failure to produce any payment of receipt of rent due---Validity---In the present case, tenancy agreement inter se the landlord and tenant had expired and there was no extension of agreement between the parties

2024 YLR 776 LAHORE-HIGH-COURT-LAHORE

Punjab · 2024

MUHAMMAD ISLAM VS ADDITIONAL DISTRICT JUDGE Ss.7, 15, 19 & 20---eviction petition---Payment of rent, mode of---Scope---Claim of the petitioner/tenant was that he had paid excess amount which be treated as rent paid---Validity---There was nothing reliable placed on record by the petitioner in support of his claim---Punjab Rented Premises Act, 2009, recognized modes of payment only as provide

2024 YLR 824 LAHORE-HIGH-COURT-LAHORE

Punjab · 2024

ABDUL WAHID VS ADDITIONAL DISTRICT JUDGE, LAHORE S. 17(8)--- eviction petition---Relationship of landlord and tenant, denial of---Scope---Trial Court dismissed the ejectment petition, whereas the appellate Court allowed the ejectment petition---Petitioner, in reply to eviction petition filed by the respondent, categorically denied the relationship of landlord and tenant between the parties-

2024 PLD 608 LAHORE-HIGH-COURT-LAHORE

Punjab · 2024

WAHEED YOUNAS VS ADDITIONAL DISTRICT JUDGE, GUJRANWALA Ss. 2(a), 2(f) & 19---eviction of tenant---Relationship of tenant and landlord, denial of---Dispute qua ownership of rented premises---Ejectment-petitioner (Masjid) sought eviction of the tenant from its (Masjid's) shops---Plea of the tenant was that he was not under tenancy of the ejectment-petitioner, instead (he was tenant) of Evacue

2024 PLD 608 LAHORE-HIGH-COURT-LAHORE

Punjab · 2024

WAHEED YOUNAS VS ADDITIONAL DISTRICT JUDGE, GUJRANWALA Ss. 2(a), 2(f) & 19---eviction of tenant---Rented premises claimed to be "any place of religious worship"---Scope---Rent Tribunal, jurisdiction of---Scope---Ejectment-petitioner (Masjid) sought eviction of the tenant from its (Masjid's) shops---Tenant filed present constitutional petition against eviction orders concurrently passed agai

2024 CLC 1776 LAHORE-HIGH-COURT-LAHORE

Punjab · 2024

GHULAM DASTGIR SIDDIQUI VS Mst. ELIZBETH S. 17---eviction of tenant---Default in payment of rent---Onus to prove---Rent Controller dismissed ejectment petition filed by the appellants / landlords---Validity---One of the appellants / landlords ,while appearing as a witness, categorically asserted that the respondents / tenants had defaulted in payment of rent w.e.f. January, 2013---Though sa

2024 CLC 1776 LAHORE-HIGH-COURT-LAHORE

Punjab · 2024

GHULAM DASTGIR SIDDIQUI VS Mst. ELIZBETH Arts.70 & 89---Cantonments Rent Restrictions Act (XI of 1963), S.17---eviction proceedings---Qanun-e-Shahadat Order ( 10 of 1984), applicability of---Scope---Documentary evidence, relevancy / admissibility of---Receipt of monthly rent, tendering of---Scope---Receipt of rent was exhibited / brought on record through the statement of counsel of the ten

2024 CLC 1776 LAHORE-HIGH-COURT-LAHORE

Punjab · 2024

GHULAM DASTGIR SIDDIQUI VS Mst. ELIZBETH S. 17---eviction of tenant---Personal bona fide need of landlord---Scope---Rent Controller dismissed ejectment petition filed by the landlords for eviction of tenant from rented premises (house)---Validity---Record revealed that one of the appellants / landlords, while himself deposing as witness, during his cross examination, admitted that previousl

2024 CLC 1776 LAHORE-HIGH-COURT-LAHORE

Punjab · 2024

GHULAM DASTGIR SIDDIQUI VS Mst. ELIZBETH S. 17---eviction of tenant---Monthly rent, rate of---Divergent stances of the parties---Rent Controller rejected eviction of the tenants sought by the ejectment petitioners / landlords---Rate of monthly rent was claimed by the appellants/landlords as Rs.6000/-, which was controverted by the respondents/tenants, while submitting their written reply wh

2024 CLC 1712 LAHORE-HIGH-COURT-LAHORE

Punjab · 2024

MAQSOOD AHMAD VS ADDITIONAL DISTRICT JUDGE, FAISALABAD Ss.15 & 19(3)---eviction of Tenant on the ground of default in payment of rent---Improvement in evidence qua period of default---Effect---Failure of the landlord to give concise statement under S.19(3) of the Punjab Rented Premises Act, 2009 ('Act, 2009') qua period of default---Effect---eviction order on the basis of alien/innovative g

2024 CLC 1402 LAHORE-HIGH-COURT-LAHORE

Punjab · 2024

ABDUL HAMEED VS ARIF JAVED Ss. 6(1) & 17---Punjab Rented Premises Act (VII of 2009), S. 19---Ejectment petition---Forum of filing---Rent Controller Cantonment Board---Jurisdiction---Tenant asserted that the rented premises was situated under limits of cantonment---Petitioner/tenant assailed concurrent findings whereby the Special Judge (Rent) had assumed jurisdiction qua rented premises pas

2024 MLD 1262 LAHORE-HIGH-COURT-LAHORE

Punjab · 2024

Muhammad Hamid Ali VS Anjuman-e-Burhani of Dawadi Bhora Community S. 17 ---Ejectment petition --- Multiple grounds for the eviction of the tenant --- Proof---If landlord canvasses multiple grounds for the eviction of the tenant it is not necessary for him to establish and prove all those grounds --- If the landlord is able to prove one of the grounds asserted in the ejectment petition, the

2024 MLD 1262 LAHORE-HIGH-COURT-LAHORE

Punjab · 2024

Muhammad Hamid Ali VS Anjuman-e-Burhani of Dawadi Bhora Community S. 17---Ejectment petition---Default in payment of monthly rent---Relationship of landlord and tenant, denial of---Rent Controller allowed the ejectment petition, seeking eviction of the appellant from the rented premises (shop owned by the Trust), filed by the respondents(Anjuman/community managing the affairs of the Trust)-

2024 MLD 413 LAHORE-HIGH-COURT-LAHORE

Punjab · 2024

ABDUL REHMAN VS ADDITIONAL DISTRICT JUDGE Ss.13, 15, 19 & 22---eviction petition---Grounds---Property required for personal use---Not a ground in the Punjab Rented Premises Act, 2009---eviction petitioner had set-up the number of grounds of eviction in relevant paragraph of his eviction-petition in which he had included the ground of requirement of property for personal use also, which (gro

2024 MLD 413 LAHORE-HIGH-COURT-LAHORE

Punjab · 2024

ABDUL REHMAN VS ADDITIONAL DISTRICT JUDGE Ss. 13, 15, 19 & 22---eviction petition---Relationship of landlord and tenant, denial of---Oral tenancy---Scope---Petitioner (eviction petitioner)claimed that respondent /tenant had acquired possession of the premises from the purported previous owner, who had sold the premises to the petitioner through a sale-deed and purported previous owner at th

2024 MLD 413 LAHORE-HIGH-COURT-LAHORE

Punjab · 2024

ABDUL REHMAN VS ADDITIONAL DISTRICT JUDGE Ss. 2(d), 2(l), 13, 15, 19 & 22---eviction petition---Relationship of landlord and tenant, denial of---Rent dispute---Rent Tribunal, jurisdiction of---Scope---Petitioner (eviction petitioner) on the strength of sale deed and mutation, claimed that previous owner of demised premises, who had rented out the premises to respondent , had sold out the pr

2024 MLD 334 LAHORE-HIGH-COURT-LAHORE

Punjab · 2024

IRSHAD AHMED VS SHAUKAT HUSSAIN KIYANI S. 19---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Un-registered tenancy agreement---Mandatory provision, violation of---Petitioner/tenant was aggrieved of eviction order passed by Rent Tribunal and maintained by Lower Appellate Court on the ground that in case of unregistered tenancy agreement mandatory provis

2024 CLC 486 LAHORE-HIGH-COURT-LAHORE

Punjab · 2024

ISRAR HUSSAIN VS IMTIAZ AHMAD SHEIKH Ss. 13, 15 & 19---eviction of tenant---Default in payment of rent---Expiry of lease---Verbal extension in lease and deposit of additional security alleged by the tenant---Special Judge (Rent), inherent jurisdiction of---Scope---Application for the eviction of petitioner/tenant was allowed and appeal filed by him was dismissed---Contention of the petition

2024 CLC 230 LAHORE-HIGH-COURT-LAHORE

Punjab · 2024

NASIRA BIBI VS SPECIAL JUDGE RENT, LAHORE Ss. 15, 19, 22, 25, 27 & 34---Qanun-e-Shahadat (10 of 1984), Art.164---eviction petition---Documents relied upon by an ejectment petitioner to be appended with the ejectment petition---Non-compliance---Inadvertent defect---Scope---Principles of fairness and equity---Production of evidence having been made available because of modern device---Landlor

2024 YLR 2795 KARACHI-HIGH-COURT-SINDH

Sindh · 2024

Tariq Hussain VS Ghulam Abbas Sangi Ss.15, 15(2)(vii) & 15(2)(2)---Constitution of Pakistan, Arts.10-A & 23---eviction order---Willful default in payment of rent and utility bills---Bona fide personal need---Failure of the tenant to discharge burden of proof as to default--Pendency of suit for specific performance qua property in dispute---Relationship of landlord and tenant, denial of---ev

2024 YLR 1845 KARACHI-HIGH-COURT-SINDH

Sindh · 2024

Dildar Khan VS Mst. Fatima Bibi S.15---Specific Relief Act (I of 1877), S.12---Qanun-e-Shahadat (10 of 1984), Art. 114---Ejectment of tenant---Specific performance of agreement to sell---Petitioner was plaintiff/tenant in suit property and contended to be owner in possession on the basis of agreement to sell---Lower Appellate Court passed eviction order against petitioner on the basis of ej

2024 YLR 1043 KARACHI-HIGH-COURT-SINDH

Sindh · 2024

MUMTAZ HUSSAIN VS ALLAH WADHAYO Ss. 5 & 15---Tenancy agreement---Oral tenancy---Petitioner/landlord sought eviction of respondent/tenant on the plea of bona fide personal need and default in payment of monthly rent---Rent Controller and Lower Appellate Court declined to evict respondent/tenant on the ground that there was no written tenancy agreement---Validity---Method in respect of execut

2024 YLR 1011 KARACHI-HIGH-COURT-SINDH

Sindh · 2024

FAQEER HUSSAIN & COMPANY VS SIR HAJI ABDULLAH HAROON TRUST WAKF-2 S. 15---Constitution of Pakistan, Art. 199--- Constitutional petition---Ejectment of tenant---Power of attorney---Ratification of authority---Death of principal---eviction of petitioner/tenant was sought by a person holding joint power of attorney executed by two Matwali of the trust---Rent Controller and Lower Appellate Cour

2024 YLR 449 KARACHI-HIGH-COURT-SINDH

Sindh · 2024

GHULAM NABI VS ASHFAQ HUSSAIN S.15---eviction of tenant---Grounds---Willful default in payment of rent and sub-letting--- Not established---Relationship of landlord and tenant, denial of---Concurrent findings were passed against the tenant---Contention of the petitioner/tenant was that he was not defaulter as he was depositing rent without any default and also paying bills accordingly---Val

2024 YLR 269 KARACHI-HIGH-COURT-SINDH

Sindh · 2024

Mst. HAWA ABDUL RAZZAK VS ABDUL REHMAN TAAR WALA S. 15---eviction of tenant---Default in payment of rent---Absence of bona fide to pay rent---eviction order was concurrently passed against the petitioner/tenant---Validity---Neither the petitioner/tenant rebutted relationship of landlord and tenant amongst the parties nor he brought any material to state as to when and how he had paid the re

2024 YLR 254 KARACHI-HIGH-COURT-SINDH

Sindh · 2024

ABDUL SHAKOOR VS Mst. ZAHIDA HAROON Ss. 14 & 15---eviction of tenant---Scope--- Personal bona fide need---Petitioners were legal heirs of the deceased who was original-tenant of the respondent (original-landlord)---Original-landlord had admittedly transferred the rights of the demised property to his son as being his share in property, however, said son passed away whose widow surfaced clai

2024 MLD 1768 KARACHI-HIGH-COURT-SINDH

Sindh · 2024

Syed Iftikhar Haider Rizvi VS VIth Additional District and Sessions Judge, Karachi Central Ss.15, 16(1) & 16(2)--- Filing of two applications in rent case---Default in deposit of future tentative rent as ordered by Rent Controller---Striking off defence---Concurrent findings of fact by Courts below---Tenant claimed to have deposited tentative rent in the miscellaneous rent case (MRC)---Cont

2024 MLD 1655 KARACHI-HIGH-COURT-SINDH

Sindh · 2024

Muhammad Ali VS Ali Gohar S. 15---Ejectment of tenant---Relationship of landlord and tenant, denial of---Competency of co-owner to collect rent and seek ejectment of tenant---Petitioner/tenant was aggrieved of eviction order passed by Rent Tribunal which was maintained by Lower Appellate Court---Allegedly, there was no relationship of landlord and tenant between the parties---Petitioner/ten

2024 MLD 1655 KARACHI-HIGH-COURT-SINDH

Sindh · 2024

Muhammad Ali VS Ali Gohar S. 15---Ejectment of tenant---Willful default in payment of rent---Rent deposited in Court belatedly---Petitioner/tenant was aggrieved of eviction order passed by rent Tribunal which was maintained by Lower Appellate Court---Claim of respondent No.1/applicant was that the petitioner/opponent had committed default in payment of monthly rent from January, 2018---Appl

2024 MLD 1655 KARACHI-HIGH-COURT-SINDH

Sindh · 2024

Muhammad Ali VS Ali Gohar S. 15---Ejectment of tenant---Bona fide personal need of landlord Prerogative of landlord to select any prevaitness for his personal need---Petitioner/tenant was aggrieved of eviction orders passed by rent Tribunal which was maintained by Lower Appellate Court---In the rent application as well as in the evidence adduced on behalf of applicant, it had categorically

2024 MLD 1267 KARACHI-HIGH-COURT-SINDH

Sindh · 2024

Askari bank Limited VS Hafiz Ghulam Murtaza Ss. 15 & 16---Limitation Act (IX of 1908), Art. 110---Specific Relief Act (I of 1877)---Ss. 8 & 10---Suit for recovery of possession, arrears of rent and compensation--- Rented premises---Civil Court, jurisdiction of---Plaintiff was owner of industrial unit which was rented out to defendant---Plaintiff sought recovery of possession and arrears of

2024 CLC 1158 KARACHI-HIGH-COURT-SINDH

Sindh · 2024

REHMATULLAH BROHI VS GHULAM SARWAR S. 15---Sindh Waqf Properties Act (XXVII of 2020), Ss.10 & 11---Ejectment of tenant---Concurrent findings of facts by two Courts below---Petitioner / tenant was aggrieved of eviction order passed against him by two Courts below---Plea raised by petitioner / tenant was that demised premises was Waqf property and provisions of Sindh Waqf Properties Act, 2020

2023 CLC 77 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2023

Dr. SARA JAFFER VS ZARAK KHAN Ss.5 & 10---Civil Procedure Code (V of 1908), S.9---eviction of unauthorized occupants---Jurisdiction of Civil Court barred---Scope---Jurisdiction of Civil Court is curtailed from passing temporary injunction or ad-interim injunctive order in any suit restraining the Government or any officer authorized by it from taking possession of any land or building under

2023 PLD 98 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2023

BANDENAWAZ (PRIVATE) LIMITED VS FEDERATION OF PAKISTAN through Deputy Director Ministry of Defence Ss. 3, 117, 135 & 172(2)(xiii)--- Land Revenue Rules, 1968, Rr. 67-A & 67-B---Specific Relief Act (I of 1877), S. 42---Suit for declaration---Maintainability---Partition, demarcation of agricultural land and eviction of unauthorized land owner---Civil Court or Revenue Authorities, jurisdiction

2023 YLR 2522 PESHAWAR-HIGH-COURT

KPK · 2023

GOVERNMENT OF KHYBER PAKHTUNKHWA through Deputy Commissioner, Swabi VS SAID AMIN Ss. 3 & 13---Public property, dispute over---Title or ownership, question of---Entries in the record, challenging of---Jurisdiction of the Tribunal constituted under Khyber Pakhtunkhwa Public Property(Removal of Encroachment) Act, 1977 ('the Tribunal')---Scope---Plaintiffs were served with eviction notices by t

2023 YLR 1743 PESHAWAR-HIGH-COURT

KPK · 2023

ISHAQ KHAN VS RABINA ASIF Ss. 17(8) & 17(9)---eviction of tenant---Default in payment of rent and sub-letting---Order of the Rent Controller to deposit interim rent, non-compliance of---Scope and effect---Ten (10%) annual increase in monthly rent was incorporated in the rent agreement made between the parties---Rent Controller issued specific order, against the tenants, under S. 17(8) of th

2023 YLR 1719 PESHAWAR-HIGH-COURT

KPK · 2023

NADEEM KHAN VS MAQBALI KHAN KHALIL S. 13---eviction of tenant---Scope---Concurrent orders for ejectment--- Validity--- Relationship of tenant and landlord had not been denied---Tenant had not complied with the order passed by Rent Controller for deposit of the tentative rent arrears coupled with the deposit of regular monthly rent---Rent Controller had rightly exercised the jurisdiction und

2023 YLR 507 PESHAWAR-HIGH-COURT

KPK · 2023

MUHAMMAD MANZOOR VS Dr. SOHAIL MEHMOOD S. 13---eviction petition---Restoration of possession--- Scope--- Tenant sought restoration of possession on the ground that the landlord had not utilized the suit property for personal use---Validity---Landlord had remained successful for ejectment of the tenant on two grounds, the first ground was personal bona fide need and the second ground was def

2023 YLR 367 PESHAWAR-HIGH-COURT

KPK · 2023

RAZA KHAN VS Haji JAVAID S. 17---Ejectment of tenant---Striking of defence---Default in payment of monthly rent---Scope---Appellants were tenants and their defence was struck of due to their failure to deposit monthly rent and eviction order was passed by Rent Controller---Validity---Tenant had no option left to delay making deposit as each day after 5th of each month would fall within the

2023 CLC 1770 PESHAWAR-HIGH-COURT

KPK · 2023

MUHAMMAD RAMZAN VS Mian MUHAMMAD WAQAS S.13---eviction of the tenant---Personal bona fide need of the landlord---Scope and proof---Rent Tribunal dismissed the eviction application of the respondent/ landlord ,however, Appellate Court accepted the appeal and ordered eviction on the basis of personal bona fide need---Contention of the petitioners / tenants was that the suit-shops were actuall

2023 CLC 1770 PESHAWAR-HIGH-COURT

KPK · 2023

MUHAMMAD RAMZAN VS Mian MUHAMMAD WAQAS S. 13---Constitution of Pakistan, Art. 199---eviction proceedings---Factual controversy, determination of---Constitutional jurisdiction of the High Court---Scope---While exercising constitutional jurisdiction, High Court will not enter into factual controversies which have already been dealt by a competent Court of law vested with statutory powers, par

2023 CLC 1770 PESHAWAR-HIGH-COURT

KPK · 2023

MUHAMMAD RAMZAN VS Mian MUHAMMAD WAQAS S. 13---Constitution of Pakistan, Art. 199---eviction proceedings---Well reasoned judgment passed by the Appellate Court---Constitutional jurisdiction of the High Court, invoking of---Scope---Appellate Court had declared the bona fide need of the landlord / respondent as genuine after taking into consideration sufficient reasons---Such findings of the

2023 CLC 1770 PESHAWAR-HIGH-COURT

KPK · 2023

MUHAMMAD RAMZAN VS Mian MUHAMMAD WAQAS Ss. 13(2)(iv), 13(3)(a)(i), (ii) & 13(4)---eviction of the tenant---Personal bona fide need of the landlord---Restoration of the evicted tenant---Scope---Contention of the petitioners/tenants was that the suit-shops were actually not required by the landlord for his personal bona fide need, instead he had an inclination to re-let to other persons which

2023 CLC 871 PESHAWAR-HIGH-COURT

KPK · 2023

NOOR RAHMAN VS SHER AFZAL S.13---eviction of tenant---Deposit of rent through money order---Proof---Tenant contested the court orders directing his eviction---Tenant argued that when the landlord refused to accept the monthly rent, he sent it via money orders---However, this argument was not valid because the tenant did not plead this aspect in his written reply, nor did he present receipts

2023 CLC 871 PESHAWAR-HIGH-COURT

KPK · 2023

NOOR RAHMAN VS SHER AFZAL S.13---eviction of tenant---Expiry of tenancy agreement---Scope---Tenant challenged the court orders that directed his eviction---Validity---Tenancy period had expired and no rent agreement was executed between the parties---As a result, the tenant's possession was subject to the landlord's discretion---Therefore, when the landlord demanded possession of the rented

2023 CLC 871 PESHAWAR-HIGH-COURT

KPK · 2023

NOOR RAHMAN VS SHER AFZAL S.13---eviction of tenant---Sub-letting---Personal need of landlord---Scope---Tenant challenged the court orders that directed his eviction---Validity---Tenant's witness admitted that the tenant was living abroad to earn a livelihood and that he was running a business in the rented premises---Witness also stated that he took possession of the rented premises from t

2023 CLC 871 PESHAWAR-HIGH-COURT

KPK · 2023

NOOR RAHMAN VS SHER AFZAL S.13---eviction of tenant---Expiry of tenancy agreement---Scope---After expiry of tenancy when no further tenancy agreement is executed, tenancy between the parties is to be considered on month-to-month basis, and after expiry of tenancy period the tenant loses his right to continue his possession as a tenant over the rented premises.

2023 CLC 871 PESHAWAR-HIGH-COURT

KPK · 2023

NOOR RAHMAN VS SHER AFZAL S.13---eviction of tenant---Payment of rent---Scope---Section 13(6) of the West Pakistan Urban Rent Restriction Ordinance, 1959, stipulates that if the tenancy relationship is undisputed, the Rent Controller will direct the tenant to deposit all rent payments due and require regular deposits until the final decision of the case---Tenant must deposit the monthly ren

2023 CLC 871 PESHAWAR-HIGH-COURT

KPK · 2023

NOOR RAHMAN VS SHER AFZAL S.13---eviction of tenant---Payment of security---Scope---Plea of payment of pagri/security does not disentitle the landlord form filing the ejectment proceedings against the tenant on the ground of personal bona fide need---Payment of security cannot operate as an obstacle against the right of landlord to use his own property when genuinely required.

2023 CLC 277 PESHAWAR-HIGH-COURT

KPK · 2023

SHER AFZAL KHAN VS NOOR ISLAM S.13---eviction of tenant---Reconstruction of rented premises---Scope---No restriction exists for seeking the eviction of the tenant on the ground of reconstruction of the demised premises subject to the conditions as provided in S.13(2)(vi) of the Rent Restriction Ordinance, 1959---No requirement of the law for the landlord to establish that the demised premis

2023 CLC 277 PESHAWAR-HIGH-COURT

KPK · 2023

SHER AFZAL KHAN VS NOOR ISLAM S.13---eviction of tenant---Reconstruction of rented premises---Permission for reconstruction obtained after decision on ejectment petition---Effect---Landlord filed an application for ejectment of tenants under S.13(2)(vi) of the Urban Rent Restriction Ordinance, 1959---Rent Controller dismissed the ejectment application---Appellate Court dismissed the appeal-

2023 PLD 126 PESHAWAR-HIGH-COURT

KPK · 2023

UMAIR KHAN VS AAMIR MEHFOOZ-UR-REHMAN Ss. 13 & 15---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---eviction of tenant---Landlord and multiple tenants---Multiple eviction petitions---Multifariousness of cause of action---Appeal---Scope---Petitioner filed seven ejectment petitions for the eviction of various tenants---Rent Controller, in the impugned order, s

2023 PLD 507 LAHORE-HIGH-COURT-LAHORE

Punjab · 2023

GHULAM ALI VS Rana BABAR KHAN Ss. 26, 31& 34---Civil Procedure Code (V of 1908), S. 12(2)---Rent proceedings---Civil Procedure Code, 1908, applicability of---Rent Tribunal passed an eviction order in the rent proceedings in which the petitioner was not impleaded---Petitioner moved the Rent Tribunal by filing an application for suspension of eviction order which was dismissed with the observ

2023 PLD 465 LAHORE-HIGH-COURT-LAHORE

Punjab · 2023

RAHIM DAD VS SAEEDA KHANUM S. 8---Civil Procedure Code (V of 1908), S. 2(12)---Punjab Tenancy Act (XVI of 1887), S. 43---Qanun-e-Shahadat (10 of 1984), Art. 114---Suit for possession and mesne profits---Application to Revenue Officer for ejectment---Estoppel---Scope---Petitioner assailed the judgment and decree whereby the respondent's suit for possession along with recovery of mesne profit

2023 YLR 820 LAHORE-HIGH-COURT-LAHORE

Punjab · 2023

GHULAM HUSSAIN VS RENT CONTROLLER, GUJRANWALA Ss. 21 & 22---eviction---Setting aside ex-parte proceeding/decree---Defective service---Scope---If ex-parte orders/ decrees were passed on the basis of defective service, then same would adversely affect not only valuable rights of the litigants but also render the Court proceedings defective/meaningless as final order on defective foundation wa

2023 YLR 820 LAHORE-HIGH-COURT-LAHORE

Punjab · 2023

GHULAM HUSSAIN VS RENT CONTROLLER, GUJRANWALA Ss. 21 & 22---eviction---Ex-parte order---Application for setting aside ex-parte eviction order was submitted by two of the respondents, which was accepted by Special Judge (Rent) directing the petitioner to implead another respondent as party to ejection petition---Petitioner contended that application for setting aside ex-parte decree was not

2023 YLR 729 LAHORE-HIGH-COURT-LAHORE

Punjab · 2023

KHADIM HUSSAIN VS ADDITIONAL DISTRICT JUDGE, LAYYAH Ss. 2(m), 6 & 19---Landlord and tenant, relationship---Oral tenancy agreement--- Proof--- Petitioner was aggrieved of eviction order passed by Lower Appellate Court---Validity---In order for an eviction petition to succeed and exercise of jurisdiction by Rent Tribunal under Punjab Rented Premises Act, 2009, it was necessary that respondent

2023 YLR 420 LAHORE-HIGH-COURT-LAHORE

Punjab · 2023

MUSHTAQ AHMED VS ISHFAQ AHMED S. 15--- eviction--- Improvement beyond pleading at evidence stage---"Landlord", definition of---Default in payment of rent; unauthorized changes in the nature/character of property and requiring same for personal use/ occupation---Respondent filed eviction application alleging that he purchased the property through a registered sale-deed that petitioner (being

2023 PLD 47 LAHORE-HIGH-COURT-LAHORE

Punjab · 2023

HABIB BANK LIMITED VS AYUB-UL-HASSAN KHOKHAR S. 24---eviction of tenant---Default in payment of tentative rent fixed by Rent Tribunal ---Petitioner/tenant committed default in payment of tentative rent fixed by Rent Tribunal and eviction order was passed against it---Validity---Rate of rent was not denied by petitioner/tenant---Rent Tribunal rightly directed petitioner/tenant to deposit mon

2023 CLC 2140 LAHORE-HIGH-COURT-LAHORE

Punjab · 2023

MISTARY SHAHID KARIM VS ADDITIONAL DISTRICT JUDGE Ss. 19 & 22---eviction of tenant---Landlord and tenant, relationship of---Proof---Petitioner/tenant assailed eviction order on the plea that no relationship between the parties as landlord and tenant existed---Validity---Record showed the respondents as owner in the khata where the rented premises was situated---Petitioner in his application

2023 MLD 1958 LAHORE-HIGH-COURT-LAHORE

Punjab · 2023

SAJID IQBAL SHEIKH VS ADDITIONAL DISTRICT JUDGE, LAHORE Ss. 10 & 19---Specific Relief Act (I of 1877), S. 42---eviction of tenant---Oral tenancy agreement---Suit for specific performance with respect to subject property filed by the tenent---Tenant denied existence of relationship of landlord and tenant---Rent Tribunal dismissed the eviction petition filed by the respondent/landlord, howeve

2023 CLC 1331 LAHORE-HIGH-COURT-LAHORE

Punjab · 2023

PUNJAB PROVINCIAL COOPERATIVE BANK LIMITED VS MEMBER (COLONIES) BOARD OF REVENUE PUNJAB, LAHORE S.10---Punjab Rented Premises Act (VII of 2009), S. 11---Issue of statements of conditions of tenancies---Cancellation of lease---Sub-letting---Arrears of rent, entitlement to---Scope---Special Judge (Rent) on the application of the bank (original lessee) had directed eviction of the sub-lessee a

2023 CLC 1087 LAHORE-HIGH-COURT-LAHORE

Punjab · 2023

YOUNAS RASHEED VS MUHAMMAD KASHIF IQBAL S.21---Qanun-e-Shahadat (10 of 1984), Art. 129---General Clauses Act (X of 1897), S. 27---eviction petition---No order to serve notice through courier service---Scope and effect---Rent Controller dismissed application of petitioner/tenant to set-aside ex-parte proceeding and leave to contest---Record revealed that although the notice was issued to the

2023 CLC 1087 LAHORE-HIGH-COURT-LAHORE

Punjab · 2023

YOUNAS RASHEED VS MUHAMMAD KASHIF IQBAL Ss.16(4), 21(1), (2), (4) & 22---Constitution of Pakistan, Art.10-A---eviction petition---Leave to contest---Scope---Fair trial and due process---Rent Controller dismissed application of petitioner/tenant to set-aside ex-parte proceeding and leave to contest---Held, that S.16 of Punjab Rented Premises Act, 2009 ("the Act 2009) conferred exclusive juri

2023 CLC 1070 LAHORE-HIGH-COURT-LAHORE

Punjab · 2023

MUHAMMAD NAZEER VS GHULAM HUSSAIN S.17(8)---Constitution of Pakistan, Art. 199---eviction petition---Interim/Interlocutory order---Constitutional jurisdiction of the High Court---Scope---Respondent of eviction petition denied existence of relationship of landlord and tenant, but Rent Controller passed a tentative rent order against him---Held, that though in ordinary course, the constitutio

2023 CLC 1070 LAHORE-HIGH-COURT-LAHORE

Punjab · 2023

MUHAMMAD NAZEER VS GHULAM HUSSAIN S.17(8)---eviction petition---Relationship of landlord and tenant, denial of---Tentative rent order---Scope---Rent Controller, powers of---Petitioner, in reply to eviction petition filed by the respondent, categorically denied the relationship of landlord and tenant between the parties---Validity---Purpose and object of the Cantonments Rent Restriction Act,

2023 CLC 738 LAHORE-HIGH-COURT-LAHORE

Punjab · 2023

Rana MUHAMMAD AHMAD TAHIR VS Mian MUHAMMAD ZIA S.13(2)(i)---eviction of tenant---Willful default in payment of rent---Appellate court upheld the eviction order on ground of willful default---No regular payment was made by the appellant, especially for the period highlighted by the courts below, and nor was the requisite enhancement made since the existence of relationship of landlord and te

2023 CLC 738 LAHORE-HIGH-COURT-LAHORE

Punjab · 2023

Rana MUHAMMAD AHMAD TAHIR VS Mian MUHAMMAD ZIA S.5-A---Statutory increase in rent---Scope---Specific and separate notice for payment of increased rent was not necessary to be served upon a tenant and default would not to be presumed on lapse thereafter, rather a tenant must be conscious of the fact that increase was duly provided in the statute and he was bound to obey the dictates of law--

2023 PLD 225 LAHORE-HIGH-COURT-LAHORE

Punjab · 2023

ABDUL MALIK alias BADSHAH KHAN VS ADDITIONAL DISTRICT JUDGE Ss. 19 & 22---Constitution of Pakistan, Art. 199---Constitutional petition---Title of ownership---Determination---Petitioner/tenant assailed eviction order on the plea that after rejecting application for leave to defend the case, Rent Tribunal recorded evidence of respondent/ ejectment petitioner---Validity---Rent Tribunal conclud

2023 CLC 86 LAHORE-HIGH-COURT-LAHORE

Punjab · 2023

MUHAMMAD YASIN VS ADDITIONAL DISTRICT JUDGE, BUREWALA S.15---eviction proceedings, separate character of---Agreement to sell or a suit for specific performance instituted on the basis of the same does not debar the eviction in accordance with law.

2023 CLC 86 LAHORE-HIGH-COURT-LAHORE

Punjab · 2023

MUHAMMAD YASIN VS ADDITIONAL DISTRICT JUDGE, BUREWALA Preamble & S.26---Tribunal, extent of the power of---Dispute regarding the title of the property cannot be determined in eviction proceedings.

2023 CLC 86 LAHORE-HIGH-COURT-LAHORE

Punjab · 2023

MUHAMMAD YASIN VS ADDITIONAL DISTRICT JUDGE, BUREWALA Ss.5 & 15---Oral tenancy---eviction---Right to produce evidence was closed---Constitutional petition---Respondent alleged that suit premises/shop was given on rent to the petitioner being close relative; that petitioner allowed hawkers to use the front of the rented premises; that petitioner stopped making payment of rent to respondent--

2023 PLD 411 KARACHI-HIGH-COURT-SINDH

Sindh · 2023

MUHAMMAD SALIK ATHAR VS MUHAMMAD OBAID S. 15---Constitution of Pakistan, Art. 199---Writ of certiorari---Scope---eviction of tenant---Petitioner/tenant invoked constitutional jurisdiction of the High Court to assail concurrent findings passed against him---Validity---High Court , normally, does not operate as a Court of appeal in rent matters, rather its jurisdiction is limited to disturb t

2023 PLD 411 KARACHI-HIGH-COURT-SINDH

Sindh · 2023

MUHAMMAD SALIK ATHAR VS MUHAMMAD OBAID S.15---eviction of tenant---Willful default in payment of rent---Bona fide personal need---Relationship of landlord and tenant, denial of---Sale-agreement---Goodwill/Pagri---Scope---Concurrent findings were passed against the tenant---Contention of the petitioner/tenant was that he was lawful purchaser/owner of the demised premises under sale-agreement

2023 YLR 1385 KARACHI-HIGH-COURT-SINDH

Sindh · 2023

Mst. IRSHAD BIBI VS SAMIULLAH NIAZI O.XXXIX, Rr. 1 & 2---Specific Relief Act (I of 1877), Ss. 39, 42 & 54---Suit for cancellation of document, declaration of title and injunction---Interim injunction, refusal of---Scope---Plaintiff filed a suit for administration, claiming that her father had purchased the property in question in the name of his nephew, which was later transferred to the pl

2023 YLR 414 KARACHI-HIGH-COURT-SINDH

Sindh · 2023

ABDUL MALIK VS PROVINCE OF SINDH through Secretary (Revenue) Ss. 14 & 15---Suit for possession and mesne profit---Grounds for eviction---Jurisdiction---Law did not restrict landlord to file any suit, but for the eviction of tenant from the premises the relevant law was the Sindh Rented Premises Ordinance, 1979---Jurisdiction for rent proceedings vested with the Rent Controller---Tenancy pro

2023 YLR 40 KARACHI-HIGH-COURT-SINDH

Sindh · 2023

UNITED BUSINESS MACHINES VS GHULAM HUSSAIN HIDAYATULLAH S. 15---eviction petition---Personal bona fide need of landlord---Honesty of intention---Scope---Primary requirement and condition precedent for invoking provision of S. 15(2)(vii) of Sindh Rented Premises Ordinance, 1979, claiming relief on the ground of personal bona fide need of landlord in good faith is that the landlord should be

2023 YLR 40 KARACHI-HIGH-COURT-SINDH

Sindh · 2023

UNITED BUSINESS MACHINES VS GHULAM HUSSAIN HIDAYATULLAH S. 15---eviction petition---Personal bona fide need of landlord---Scope---Landlord filed applications for eviction of tenants from a building on the ground of personal requirement---Rent Controller allowed the ejectment applications---Appeals filed by tenants were dismissed---Contention of tenants was that neither the names of family m

2023 YLR 40 KARACHI-HIGH-COURT-SINDH

Sindh · 2023

UNITED BUSINESS MACHINES VS GHULAM HUSSAIN HIDAYATULLAH S. 15---eviction petition---Letter of attornment---Scope---Landlord filed applications for eviction of tenants from a building on the ground of personal requirement---Rent Controller allowed the ejectment applications---Appeals filed by tenants were dismissed---Contention of tenants was that except a letter of attornment nothing was av

2023 YLR 40 KARACHI-HIGH-COURT-SINDH

Sindh · 2023

UNITED BUSINESS MACHINES VS GHULAM HUSSAIN HIDAYATULLAH S. 15---eviction petition---Personal bona fide need of landlord---Honesty of intention--- Scope--- Sufficiency of accommodation either for a commercial/ industrial activity or for residential purpose is to be adjudged best by the landlord himself and it may not vary only on case to case basis but also on the basis of nature of business

2023 YLR 40 KARACHI-HIGH-COURT-SINDH

Sindh · 2023

UNITED BUSINESS MACHINES VS GHULAM HUSSAIN HIDAYATULLAH S. 15---eviction petition---Personal bona fide need of landlord---Honesty of intention---Scope---Section 15(2)(vii) of Sindh Rented Premises Ordinance, 1979, requires demonstration of elements such as honesty of purpose and reasonableness---From the statement of landlord/owner for the purpose of eviction of a tenant on the ground of pe

2023 YLR 40 KARACHI-HIGH-COURT-SINDH

Sindh · 2023

UNITED BUSINESS MACHINES VS GHULAM HUSSAIN HIDAYATULLAH S. 15---eviction petition---Transfer of property, challenge to---Scope---Many ways were available by which a property can be transferred to a beneficiary and one of those ways is by way of gift which may be a written/registered instrument or an oral deposition---Transfer of title by way of an oral gift is recognized under the law inclu

2023 YLR 40 KARACHI-HIGH-COURT-SINDH

Sindh · 2023

UNITED BUSINESS MACHINES VS GHULAM HUSSAIN HIDAYATULLAH S. 15---eviction petition---Personal bona fide need---Honesty of intention---Scope---Requirement of premises in good faith is not capable of being confined to precise, identical or invariable definition nor any hard and fast rule can be propounded as to encompass all possible eventualities which could arise due to particular facts and

2023 PLD 369 KARACHI-HIGH-COURT-SINDH

Sindh · 2023

HASCOL PETROLEUM LIMITED VS IIIRD SENIOR CIVIL JUDGE/RENT CONTROLLER, KARACHI S. 13---Arbitration Act (X of 1940), S. 34---eviction of tenant---Power to stay legal proceedings where there is an arbitration agreement---Scope---Respondent sought eviction of petitioner---In response, the petitioner filed an application invoking S. 34 of the Arbitration Act, 1940, read with S. 94 of the C.P.C.-

2023 PLD 282 KARACHI-HIGH-COURT-SINDH

Sindh · 2023

MUHAMMAD ZUBAIR VS Mst. LUBNA IMRAN S. 15---eviction of tenant---Fixation of the case, for a particular purpose (of evidence etc.), by the Reader of the Court---Legality---Stage of raising question of law---Scope---Rent Controller was on leave on one of the dates of hearing ('date-in-question') of rent-case and the Reader of the Court gave next date of hearing of the case for cross-examinat

2023 MLD 1556 KARACHI-HIGH-COURT-SINDH

Sindh · 2023

MANSOOR-UL-HAQUE SOLANGI VS PAKISTAN INDUSTRIAL DEVELOPMENT CORPORATION (PVT.) LTD. (PIDC) S. 15---Ejectment of tenant---Personal need of landlord---Default in payment of rent and utility charges---Concurrent findings of two Courts below---Special costs, imposing of---Petitioner/tenant was aggrieved of eviction order passed by Rent Controller, which order was maintained by Lower Appellate C

2023 MLD 522 KARACHI-HIGH-COURT-SINDH

Sindh · 2023

MUHAMMAD AKRAM VS JAMIA IMAMIA TRUST S. 15---eviction petition---Trust property---Management of the trust, relevance of--- Personal requirement--- Scope---Trust/landlord filed eviction application on the ground of default and personal requirement for the extension of Madarsa and for teachers to provide them some residential accommodation---eviction application was concurrently allowed on th

2023 MLD 380 KARACHI-HIGH-COURT-SINDH

Sindh · 2023

MAHMOOD ANDHA VS VIITH RENT CONTROLLER KARACHI, SOUTH S. 15---Civil Procedure Code (V of 1908), O. I, R. 10---eviction petition---Court may strike out or add parties---Scope---Landlord sought eviction of tenant through an application before the Rent Controller---Petitioner/intervener filed application under O. I, R. 10, C.P.C., claiming to be in possession of the demised premises and paying

2023 MLD 103 KARACHI-HIGH-COURT-SINDH

Sindh · 2023

Mst. SAMINA BEGUM VS MUHAMMAD HAQ NAWAZ KHAN S. 15---eviction petition---Relationship of landlord and tenant, denial of---Scope---If the tenant asserts that he is no more a tenant as he had purchased the rented premises, even then he has to vacate the premises and file a suit for specific performance of the sale agreement; he would be entitled to possession of the premises in accordance wit

2023 PLD 235 KARACHI-HIGH-COURT-SINDH

Sindh · 2023

MUHAMMAD YOUNUS BILLOO VS Mrs. PIYARI SADIQ WAHAB S.15---Specific Relief Act (I of 1877), S. 12---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment proceedings---Maintainability---Relationship of landlady and tenant---Specific performance of agreement to sell---Possession of premises---Part performance of agreement---Petitioner/tenant entered into agreement with respo

2023 CLC 1906 KARACHI-HIGH-COURT-SINDH

Sindh · 2023

MUHAMMAD SAMI alias SHABRATI VS MODEL CIVIL APPELLATE COURT S.15---Constitution of Pakistan, Art. 199---Writ of certiorari---eviction of tenant---Petitioner/tenant invoked constitutional jurisdiction of the High Court to assail concurrent findings passed against him---Validity---High Court, normally, does not operate as a Court of appeal in rent matters, rather its jurisdiction is limited t

2023 CLC 1906 KARACHI-HIGH-COURT-SINDH

Sindh · 2023

MUHAMMAD SAMI alias SHABRATI VS MODEL CIVIL APPELLATE COURT S.15---eviction of tenant---Willful default in payment of rent---Bona fide personal need---Relationship of landlord and tenant, denial of---Goodwill/Pagri---Scope---It was second round of litigation after being remanded, when the concurrent findings were passed against the tenant---Contention of the petitioner/tenant was that the d

2023 CLC 1817 KARACHI-HIGH-COURT-SINDH

Sindh · 2023

MUHAMMAD HAZIQ ALI KHAN VS IXth ADDITIONAL DISTRICT JUDGE, HYDERABAD Ss.2(f), 2(j) & 15---Specific Relief Act (I of 1877), S.42---Civil Procedure Code (V of 1908), S.9---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Landlord and tenant relationship, denial of---Effect---General jurisdiction of Civil Courts---Scope---Petitioners / landlords sought evicti

2023 CLC 1279 KARACHI-HIGH-COURT-SINDH

Sindh · 2023

Dr. SUNIL ANAND HOTWANI VS ABDUL WAKEEL S.13---eviction---Non-compliance of tentative rent order---Statutory tenant---Enhancement of rent under expired contract---Scope---Tenant assailed an order whereby his defense was struck off due to non-payment of tentative rent and consequently he was directed to vacate the demised premises---Contention of tenant was that the Rent Controller did not h

2023 CLC 1279 KARACHI-HIGH-COURT-SINDH

Sindh · 2023

Dr. SUNIL ANAND HOTWANI VS ABDUL WAKEEL S.16---Arrears of rent---Expression "summary inquiry"---Scope---When a case for eviction of a tenant is filed, the Rent Controller is required to determine the arrears of rent payable by the tenant upon an application filed by the landlord---Rent Controller is required to conduct a summary inquiry and then direct the tenant to deposit the specified ar

2023 CLC 344 KARACHI-HIGH-COURT-SINDH

Sindh · 2023

ABDUL HAMEED ASGHAR VS Vth ADDITIONAL DISTRICT JUDGE-EAST S.15---eviction application---Trust property---Scope---eviction applications were filed by respondent in his own name and not on behalf of the trust by pleading therein that he was "the lawful attorney of the owner" of the demised premises; it was not disclosed or pleaded by him that the demised premises were owned by the Trust or he

2023 CLC 198 KARACHI-HIGH-COURT-SINDH

Sindh · 2023

Mst. NADRA JAMIL SIDDIQUI VS MUNIR AHMED S.21---Limitation Act (IX of 1908), S. 5---Appeal---Limitation---Condonation of delay---Scope---Petitioner/Landlady filed rent case against the tenant for his eviction on the grounds of personal need and default in payment of monthly rent, which was dismissed---Appeal was also dismissed as being barred by limitation---Contention of petitioner was tha

2023 CLC 129 KARACHI-HIGH-COURT-SINDH

Sindh · 2023

ADAM KHAN VS GHULAM RASOOL S.15---eviction petition---Relationship of landlord and tenant, denial of---Dismissal of suit for specific performance---Scope---Landlord sought eviction of his tenant on the grounds of personal need and default in payment of monthly rent---Rent Controller directed the tenant to deposit arrears of rent and also the future rent---On failure of tenant to comply with

2023 CLC 129 KARACHI-HIGH-COURT-SINDH

Sindh · 2023

ADAM KHAN VS GHULAM RASOOL S.15---Specific Relief Act (I of 1877), S.12---eviction petition---Suit for specific performance---Scope---If the tenant asserts that he is no more a tenant as he had purchased the rented premises, even then he has to vacate the premises and file a suit for specific performance of sale agreement; he would be entitled to possession of the premises in accordance wit

2023 YLRN 9 KARACHI-HIGH-COURT-SINDH

Sindh · 2023

NOORULLAH VS MUHAMMAD FARRUKH S. 7---eviction and mode of recovery as an interim relief---Scope---Relief under subsection (1) to S. 7 of the Illegal Dispossession Act, 2005, is an interim relief which provides that during pendency of the trial of main case/complaint filed under section 3 of the Act, if Trial Court is satisfied that, on the basis of available material, prima facie the propos

2023 YLRN 9 KARACHI-HIGH-COURT-SINDH

Sindh · 2023

NOORULLAH VS MUHAMMAD FARRUKH Ss. 3 & 7---Prevention of illegal dispossession of property---eviction and mode of recovery as an interim relief---Scope---Accused assailed order passed by Trial Court whereby the complainant's application under S. 7 of Illegal Dispossession Act, 2005, was allowed---Held; Station House Officer (SHO) had reported that the complainant was lawful owner of the prop

2023 YLRN 2 KARACHI-HIGH-COURT-SINDH

Sindh · 2023

Syed JAN ALI SHAH VS SOOMAR JAGIRANI Ss. 3 & 7---Criminal Procedure Code (V of 1898), S. 417(2)---Prevention of illegal possession of property, eviction and mode of recovery as an interim relief---Appreciation of evidence--- Appeal against acquittal---Illegal dispossession---Allegation against the accused persons was that they in the dark hours of night forcibly occupied an area of approxim

2023 CLC 1315 ISLAMABAD

ICT · 2023

MUHAMMAD MOINUDDIN KHAN VS DISTRICT JUDGE, ISLAMABAD Ss. 12(2) & 35(1)(i)---Constitution of Pakistan, Art.199---Constitutional petition--- False and vexatious litigation---Cost of litigation, awarding of---Petitioner filed ejectment petition claiming himself as owner of suit property, which was decreed ex-parte in favour of petitioner--- Respondent claimed to be owner of suit property and h

2023 CLC 207 ISLAMABAD

ICT · 2023

Miss MEMOONA ZAINAB KAZMI VS ADDITIONAL DISTRICT JUDGE (MCAC) ISLAMABAD WEST, ISLAMABAD S.17---Tenancy agreement, expiry of---Scope---Once the lease period was expired, there was no hindrance to proceed further by the Rent Controller in the eviction proceedings, except by passing the eviction order forthwith, unless the tenant prima facie produces any documentary evidence qua extension of l

2023 CLC 207 ISLAMABAD

ICT · 2023

Miss MEMOONA ZAINAB KAZMI VS ADDITIONAL DISTRICT JUDGE (MCAC) ISLAMABAD WEST, ISLAMABAD Ss.16A & 17---Mediation Council, procedure of---"Good will"---Scope---Automatic increase of rent---Scope---Respondent/landlord filed eviction application alleging that lease agreement had expired; that petitioner/tenant had defaulted in payment of rent on due dates; that he handed over post-dated cheques

2023 CLC 207 ISLAMABAD

ICT · 2023

Miss MEMOONA ZAINAB KAZMI VS ADDITIONAL DISTRICT JUDGE (MCAC) ISLAMABAD WEST, ISLAMABAD S.16A---eviction---Tenant taking defense of goodwill---Terms "goodwill" and "pagri"---Definition and legal value of----Concept of goodwill had not been explained in the Islamabad Rent Restriction Ordinance, 2001 or the Islamabad Rent Restriction (Amendment) Act, 2021---Goodwill of a business was somethin

2023 CLC 188 HIGH-COURT-AZAD-KASHMIR

2023

FAYYAZ AHMED ABBASI VS DISTRICT JUDGE MUZAFFARABAD S.14---eviction of tenant---Auction of articles lying in rented premises---Scope---Tenant assailed order passed by Rent Controller whereby he had ordered for auction of the articles installed in rented premises by the tenant---District Judge dismissed the appeal---Validity---Petitioner had neither paid monthly rent nor had he vacated the re

2023 CLC 188 HIGH-COURT-AZAD-KASHMIR

2023

FAYYAZ AHMED ABBASI VS DISTRICT JUDGE MUZAFFARABAD S.14---eviction of tenant---Execution of orders---Scope---If the order of Rent Controller is not complied with the punitive action can be pressed into service.

2022 PLD 558 SUPREME-COURT

Supreme Court · 2022

Mrs. MUHAMMAD AKBAR VS ABDUL JALIL S. 11---eviction of tenant---Personal bona fide need of landlord for non-residential purposes---Whether before filing of eviction petition permission of Rent Controller in terms of section 11 of the Balochistan Urban Rent Restriction Ordinance, 1959 ('the 1959 Ordinance') was required where landlord intends to use a residential premises for non-residential

2022 PLD 366 SUPREME-COURT

Supreme Court · 2022

Malik MUHAMMAD ARIF VS ZAFAR IQBAL S. 19---eviction application incorrectly addressed to the Civil Court---Rectification of error by registering the same as an ejectment application---In the present case, the petitioner (landlord) filed an ejectment application before the Trial Court but it was addressed to the Civil Court---However, the contents of the application precisely stated the fact

2022 YLR 2110 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2022

TORAB KHAN VS TAHIR KHAN S. 13(6)---Non-deposit of tentative monthly rent on fixed day -Striking off defence---Respondent/land lord filed eviction application against appellant/ tenant before Trial Court---Trial Court directed appellant to deposit tentative monthly rent---Appellant failed to deposit rent for some months on the day fixed by trial court---Respondent submitted an application t

2022 MLD 961 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2022

MUHAMMAD ZAMAN VS HAMEEDULLAH S.13---Ejectment application for 3 shops was filed by the Landlord/appellant on grounds of wilful default and personal bona fide need---Respondent (tenant) contested the application on ground that neither the appellant was owner of property nor respondent had ever been inducted as tenant of appellant; that another person was actual owner of the shops in questio

2022 CLC 1987 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2022

SHER MUHAMMAD VS BIBI SAFIA S.13---eviction of tenant---Denial of relationship of landlord and tenant---Verbal tenancy agreement---Scope---Tenant/appellant contended that in absence of tenancy agreement or rent receipt, mere mutation entry/ownership was not a determining factor to establish relationship of landlord and tenant between the parties---Held, that contention of the tenant was not

2022 CLC 1987 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2022

SHER MUHAMMAD VS BIBI SAFIA S.13---eviction of tenant---Willful default---Personal bona fide need of landlord---Denial of relationship of landlord and tenant---Rent Controller, jurisdiction of---Scope---Appellant/tenant contended that Rent Controller lacked jurisdiction in the present matter as he was tenant of previous landlord of suit-house and was in its occupancy since long---Held, that

2022 CLC 1987 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2022

SHER MUHAMMAD VS BIBI SAFIA S.13---eviction of tenant---Willful default---Personal bona fide need of landlord---Denial of relationship of landlord and tenant---Burden of proof---Appellant/tenant contended that he was tenant of previous landlord of suit-house and was in its occupancy since long---Held, that tenant had to stand on his own legs and was required to discharge onus of proof upon

2022 CLC 1354 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2022

MUHAMMAD IMRAN VS MUHAMMAD AFZAL Ss.13, 13A & 14---Personal bona fide need of landlord---eviction application filed by appellant with averments that he was a lawful owner of commercial property (two shops with front-seat/platform); that respondents were tenants of previous owners; that one respondent sublet the platform of said shops without owner's permission/consent; that sub-tenants also

2022 CLC 173 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2022

IQRA ANWAR-UL-QURAN LIL ITEFAL VS PAKISTAN BROADCASTING CORPORATION, HEADQUARTER ISLAMABAD S.13---Constitution of Pakistan, Arts.23 & 24---Right of ownership---eviction of tenant---Right of property as a fundamental right was protected under Arts. 23 & 24 of the Constitution---Right of ownership was a fundamental right superior than the right of tenancy---Appellant/tenant, being inferior in

2022 CLC 173 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2022

IQRA ANWAR-UL-QURAN LIL ITEFAL VS PAKISTAN BROADCASTING CORPORATION, HEADQUARTER ISLAMABAD S.13---Ejectment of tenant---Bona fide personal need of landlord---Statement of landlord---Scope---Landlord/Pakistan Broadcasting Corporation (PBC) filed eviction petition on the ground that demised property (flats) were required in good faith for accommodation of its employees---Held, that statements

2022 PLD 97 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2022

MUHAMMAD AMEEN KHOKAR VS MUHAMMAD ASIF AWAN Ss. 13 & 13A---eviction of tenant---Personal/bona fide need of landlord--- Respondent/applicant/landlord filed eviction application alleging that he purchased house in question and served notice to appellant for payment of rent to him in future and vacant possession of the same being required for his personal bona fide use/occupation---Rent Contro

2022 PLD 97 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2022

MUHAMMAD AMEEN KHOKAR VS MUHAMMAD ASIF AWAN S. 13---Personal/bona fide need of landlord---Proof---Primary/ essential requirement of law for eviction of tenant was bona fide need by landlord, which stood discharged the moment he would appear in witness box and make such statement on oath, or in the form of an affidavit in evidence if it remained un-shattered in cross-examination and un-rebut

2022 PLD 89 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2022

NOOR AHMED VS Syed MUHAMMAD RAHEEM Arts. 70, 72, 75, 117, 118, 125 & 126---Suit for declaration, cancellation of instruments and permanent injunction filed by petitioners---Respondents/defendants filed written statement, produced evidence and documents---Suit was concurrently dismissed---Petitioners contended that respondents had failed to establish their right as their eviction application

2022 YLR 990 PESHAWAR-HIGH-COURT

KPK · 2022

KALEEM ULLAH KHAN VS NASIB UR RAHMAN alias NASIB ULLAH S.13---eviction petition---Relationship of landlord and tenant---Scope---Petitioner (landlord) assailed the concurrent dismissal of their ejectment petitions---Validity---Factum of existence of relationship of landlord and tenant was not proved, onus of which was on the petitioners---Neither the petitioners had rented out the disputed p

2022 CLC 1193 PESHAWAR-HIGH-COURT

KPK · 2022

MUHAMMAD RIZWAN VS Syed TAHIR ABBAS SHAH S.13---Specific Relief Act (I of 1877), S.12---Qanun-e-Shahadat (10 of 1984), Art.115---eviction of tenant---Estoppel of tenant in possession---Deposit of rent in Court---Suit for specific performance, pendency of---Effect---Petitioner (tenant) assailed order passed by Rent Controller whereby respondent's (landlord's) application for direction to the

2022 PLD 559 LAHORE-HIGH-COURT-LAHORE

Punjab · 2022

ALI IKRAM VS Mian MUHAMMAD IKRAM Ss. 4, 6 & 7---Parents' right to evict children---Trial---Appeal---Scope---Under subsection (2) of S. 4, if a child had failed to vacate the house a written complaint can always be filed before the Deputy Commissioner by such parent and upon receipt of such complaint, the Deputy Commissioner after his satisfaction and hearing the parties to the effect that o

2022 PLD 559 LAHORE-HIGH-COURT-LAHORE

Punjab · 2022

ALI IKRAM VS Mian MUHAMMAD IKRAM S. 3---Punishment for eviction of parents---Scope---Eviction of parents by child from a house, owned or rented by child, or in his possession by any other means, has been described as an offence, which may attract rigorous imprisonment for a term up to one year or with fine or with both.

2022 PLD 559 LAHORE-HIGH-COURT-LAHORE

Punjab · 2022

ALI IKRAM VS Mian MUHAMMAD IKRAM S. 4---Parents' right to evict children---Scope---Parent may evict a child, his spouse or offspring, from a house owned or rented by such parent---If a child, his spouse or offspring, had failed to vacate the house after seven days of service of written notice of eviction by the parent, he may be punished with simple imprisonment for a term which may extend

2022 YLR 675 LAHORE-HIGH-COURT-LAHORE

Punjab · 2022

AQEELA ABID VS Ch. BASHIR AHMAD Ss. 10 & 15---Ejectment petition---Landlord and tenant, relationship of---Relationship, denial on basis of agreement to sell with third person---Alleged purchaser filed application under O.I, R.10, C.P.C. which was dismissed---Trial Court decreed the petition---Appeal of the respondent was allowed---Validity---No document was available to show that tenant was

2022 YLR 93 LAHORE-HIGH-COURT-LAHORE

Punjab · 2022

MUHAMMAD ISMAIL NADEEM VS ADDITIONAL DISTRICT JUDGE, JHANG S. 19--- eviction of tenant---Relationship of landlord and tenant---Scope---Two agreements to sell were produced by the tenant/respondent; only one agreement was admitted by the landlord/petitioner---Ejectment petition was concurrently dismissed declaring that through admitted agreement parties had agreed to terminate their previous

2022 PCrLJ 1828 LAHORE-HIGH-COURT-LAHORE

Punjab · 2022

SANA ULLAH KHAN VS State S. 8-A---Criminal Procedure Code (V of 1898), S. 439---Appeal---High Court's powers of revision---Scope---Legislature has not provided right of appeal against all orders passed under the provisions of the Illegal Dispossession Act, 2005---For reference, here are the orders which can be passed during proceedings under the Act on a complaint, but no appeal is provided

2022 CLC 1703 LAHORE-HIGH-COURT-LAHORE

Punjab · 2022

SARDARAN BIBI VS MUHAMMAD ARSHAD S.8---Civil Procedure Code (V of 1908), Order II, R.2 & O.XXIII, R.1---Punjab Land Revenue Act (XVII of 1967), Ss.42 & 52---In prior suit for declaration and permanent injunction, petitioner alleged that she was owner in possession of the suit property---Respondents contested on the ground that they were in possession of the same as their predecessor-in-inte

2022 CLC 1442 LAHORE-HIGH-COURT-LAHORE

Punjab · 2022

MUHAMMAD SIDDIQUE VS NASIR IQBAL S.17(4)(b)---Ejectment application---Commercial building---Personal need of the landlord's son---Rent Controller dismissed the ejectment application of the landlord/appellant on the ground that he was seeking eviction of shop (demised property) for his son and not for his own use---Held, that in case of residential building, the landlord could move the eject

2022 MLD 2051 LAHORE-HIGH-COURT-LAHORE

Punjab · 2022

ABDUL REHMAN VS ADDITIONAL DISTRICT JUDGE-I, RAJANPUR Ss.2(m) & 19---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Co-sharer of premises---Tenancy agreement---Proof---Parties were brother and sister inter se and shop in question was their inherited property---Respondent claimed to be owner of shop in question on the basis of private family settlement an

2022 MLD 1720 LAHORE-HIGH-COURT-LAHORE

Punjab · 2022

MUHAMMAD LIAQAT ALI VS MAJID ALI Ss.2(b) & 22---Ejectment---Default in payment of rent and utility bills, misuse of property, violation of the terms/conditions of tenancy agreement and expiry of tenancy---Application for leave to contest was rejected and ejectment was ordered subject to return of security amount---Separate order regarding recovery of arrears of rent/utility bills issued on

2022 MLD 1720 LAHORE-HIGH-COURT-LAHORE

Punjab · 2022

MUHAMMAD LIAQAT ALI VS MAJID ALI S.22---Ejectment---Rent Tribunal, power/discretion of---Scope---When the application for leave to contest was rejected, the Rent Tribunal was bound to pass a final order---Such order would not absolve the Tribunal of its duty to satisfy itself about the veracity of the case of the landlord and after applying its judicious mind it would pass the final order a

2022 MLD 54 LAHORE-HIGH-COURT-LAHORE

Punjab · 2022

MAQBOOL AHMAD VS MANZOOR HUSSAIN S.15---eviction of tenant---Rent Petition---Description of demised-property in rent petition---Scope---Wisdom behind the requirement to mention in detail the description of demised-property in rent petition was to ascertain the right of the tenant and landlord over the mentioned premises---Any portion which was part of the property, but not subject to rent d

2022 MLD 54 LAHORE-HIGH-COURT-LAHORE

Punjab · 2022

MAQBOOL AHMAD VS MANZOOR HUSSAIN S.28---Appeal, filing of---Limitation---Appeal filed by the eviction petitioner before the Appellate Court was barred by time for three days---Held, that the petitioner had failed to explain the delay as required by the law, as such the same was rightly dismissed by the Appellate Court---Constitutional petition was dismissed, in circumstances.

2022 CLC 835 LAHORE-HIGH-COURT-LAHORE

Punjab · 2022

SHIFA HEALTH CARE (PVT.) LTD. VS SPECIAL JUDGE (RENT) LAHORE S.19---eviction---Fresh lease agreement---Execution proceedings---Report of bailiff, credibility of---Respondents filed ejectment application contending that premises was rented out for 10 years; that petitioner committed default in payment of monthly rent and did not pay withholding tax and violated terms and conditions of lease

2022 CLC 247 LAHORE-HIGH-COURT-LAHORE

Punjab · 2022

PAN ISLAMIC INDUSTRIES (PVT.) LTD VS ADDITIONAL DISTRICT JUDGE S.19---Ejectment petition---Maintainability---Matter of indoor management---Scope---Ejectment petition filed by Trust/Landlord (landlords) through its Secretary---Tenant/company objected that the copy of the Resolution submitted by the respondent/Trust, entitling eviction petitioner to plead eviction, did not bear the date of is

2022 CLC 247 LAHORE-HIGH-COURT-LAHORE

Punjab · 2022

PAN ISLAMIC INDUSTRIES (PVT.) LTD VS ADDITIONAL DISTRICT JUDGE Ss.15 & 19---eviction of tenant---Expiry of lease---Ejectment petition filed by Trust/landlord through its Secretary---Company---Petitioner/tenant contended that ejectment petition was not maintainable for not having been filed by the Author of the Trust, Managing Trust or the Trustees---Held, that ejectment petition was filed b

2022 CLC 247 LAHORE-HIGH-COURT-LAHORE

Punjab · 2022

PAN ISLAMIC INDUSTRIES (PVT.) LTD VS ADDITIONAL DISTRICT JUDGE Ss.15 & 19---eviction of tenant---Expiry of lease---Scope---Verbal extension of tenancy for unlimited period was asserted by the tenant---Held, that under S.15 of the Punjab Rented Premises Act, 2009 , the expiry of lease of agreement was in itself a ground for eviction of tenant---Plea of the petitioner/tenant of verbal extensi

2022 YLR 2396 KARACHI-HIGH-COURT-SINDH

Sindh · 2022

MUHAMMAD ALI & COMPANY (Deceased) VS ALI AKBAR S. 15---Civil Procedure Code (V of 1908), S. 12(2)---eviction application---Application against dead person---Non-disclosure of death by legal heirs of tenant--- Effect--- Scope--- Petitioners assailed the dismissal of their application under S. 12(2), C.P.C.---Claim of petitioners was that the respondent/ landlord had obtained decree from the

2022 YLR 2255 KARACHI-HIGH-COURT-SINDH

Sindh · 2022

ADAMJEE IMPEX through Hamza Anwar Lakhani VS Shaikh MUHAMMAD KHALID S. 16---Default in payment of rent---Petitioner/tenant was depositing the rent in favour of predecessor of respondent/ landlord in another case, which was pending in the Court of Rent Controller---Respondent/landlord served notice and subsequently filed application for eviction of petitioner/tenant on ground of default---Re

2022 YLR 2243 KARACHI-HIGH-COURT-SINDH

Sindh · 2022

NASEER UDDIN JATOI VS Miss REHAM ASAD S. 15---eviction petition---Bona fide personal need---Scope---If the statement made on oath by the landlord is consistent with the averments made by him in his ejectment application and neither is his statement shaken nor is anything brought in evidence to contradict his statement, it would be sufficient for the grant of his ejectment application; all t

2022 YLR 2243 KARACHI-HIGH-COURT-SINDH

Sindh · 2022

NASEER UDDIN JATOI VS Miss REHAM ASAD S. 15---eviction petition---Non-appearance of landlord in witness box---Appearance of landlord through attorney---Scope---Evidence produced by landlord through his attorney is admissible and is not liable to be rejected or discarded.

2022 YLR 2243 KARACHI-HIGH-COURT-SINDH

Sindh · 2022

NASEER UDDIN JATOI VS Miss REHAM ASAD S. 15---eviction petition---Bona fide personal need---Scope---Tenant assailed order passed by Rent Controller whereby he was directed to handover the vacant possession of the demised premises---Validity---eviction application of the landlady showed that she had specifically pleaded that the demised premises was required for her personal use as well as f

2022 YLR 2180 KARACHI-HIGH-COURT-SINDH

Sindh · 2022

Syed MUHAMMAD VS NOORULLAH Ss. 15 & 18---eviction petition---Change in ownership--- Scope---Respondent / landlord filed eviction applications in respect of five tenements in use of petitioner/tenant on the ground of default after service of notice under S.18---Rent Controller and Appellate Court concurrently ordered eviction of tenant---Tenant denied the relationship of landlord and tenant-

2022 YLR 2180 KARACHI-HIGH-COURT-SINDH

Sindh · 2022

Syed MUHAMMAD VS NOORULLAH Ss. 18 & 15---eviction application---Change in ownership---Scope---Even if for any reason a notice under S. 18 of Sindh Rented Premises Ordinance, 1979 is not served, then service of notice of the ejectment application itself is sufficient to apprise him about the fact of change of ownership.

2022 YLR 2180 KARACHI-HIGH-COURT-SINDH

Sindh · 2022

Syed MUHAMMAD VS NOORULLAH Ss. 15 & 2(f)---eviction application---"Landlord"---Scope---Proceedings under S. 15 of Sindh Rented Premises Ordinance, 1979, at least to the extent of grounds other than personal requirement can be maintained by a "landlord" who may not be the owner, in terms of S. 2(f)---Section 2(f) of Sindh Rented Premises Ordinance, 1979 provides that landlord means owner of

2022 YLR 913 KARACHI-HIGH-COURT-SINDH

Sindh · 2022

Malik FARAZ AHMED VS Agha KHURSHEED AHMED S. 15---Ejectment of tenant---Bona fide personal need of landlord---Concurrent findings of facts by two Courts below---Petitioners/tenants were aggrieved of eviction order passed by two Courts below against them---Validity---Petitioners/tenants in their statements admitted that respondent/landlord after coming from abroad sought subject premises for

2022 CLC 1945 KARACHI-HIGH-COURT-SINDH

Sindh · 2022

Syed NAJAF ALI SHAH VS MUHAMMAD IQBAL S.13---eviction petition initiated against a dead person---Objection regarding maintainability of such petition---Respondent/landlord filed an eviction application against the deceased/tenant for his eviction from the shop on grounds of personal need and default in payment of rent---Rent Controller accepted the eviction application against the legal hei

2022 CLC 1936 KARACHI-HIGH-COURT-SINDH

Sindh · 2022

Haji UMAR VS MUHAMMAD FAROOQ MOTAN Ss.2(h), 2(g), 10(1) & (3)---eviction petition---Demised premises---Personal need of landlord---Default in payment of monthly rent----Burden to prove---Rent petition was filed by petitioner against respondent for eviction from a godown---Respondent admitted that he was a tenant of the petitioner, but denied all the averments made by the petitioner---Rent p

2022 CLC 1936 KARACHI-HIGH-COURT-SINDH

Sindh · 2022

Haji UMAR VS MUHAMMAD FAROOQ MOTAN Ss.10(1) & 10(3)---eviction petition---Payment of the monthly rent----Procedure---Burden to prove---Tenant was not entitled in law to deposit the rent with the Rent Controller without first offering/tendering the same directly to the landlord but only when, upon such offer/tender, the landlord had refused or avoided to accept the rent from tenant---Burden

2022 CLC 1936 KARACHI-HIGH-COURT-SINDH

Sindh · 2022

Haji UMAR VS MUHAMMAD FAROOQ MOTAN Ss.10(1) & 10(3)---eviction petition---Personal need of landlord---Scope and proof---If the statement made on oath by landlord was consistent with the averments made by him in his eviction application and neither was his statement shaken nor anything was brought in evidence to contradict his statement, it would be sufficient for the grant of his eviction p

2022 CLC 1936 KARACHI-HIGH-COURT-SINDH

Sindh · 2022

Haji UMAR VS MUHAMMAD FAROOQ MOTAN S.10(3)---eviction petition---Default in payment of rent----Refusal by landlord to accept rent---Burden to prove on tenant---Correct name of landlord not mentioned on money order---Petitioner (landlord) alleged that the rent for the period from January to December 2016 was deposited in Court by respondent (tenant) without first tendering the same directly

2022 MLD 1754 KARACHI-HIGH-COURT-SINDH

Sindh · 2022

HABIB CARPETS (PVT.) LIMITED VS KARACHI PROPERTIES INVESTMENT COMPANY (PVT.) LIMITED (KPICPL) S.15---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Facts not pleaded---Concurrent findings of facts by two Courts below---Misreading and non-reading of evidence---Petitioner / tenant was aggrieved of eviction order passed by two Courts below---Rent Controller

2022 CLC 1787 KARACHI-HIGH-COURT-SINDH

Sindh · 2022

MUHAMMAD YOUNUS VS MANSOOR ALI (DECEASED) S.15---eviction petition---Bona fide personal need---Scope---If the statement made on oath by the landlord is consistent with the averments made by him in his ejectment application and neither is his statement shaken nor is anything brought in evidence to contradict his statement, it will be sufficient for the grant of his ejectment application; all

2022 CLC 1787 KARACHI-HIGH-COURT-SINDH

Sindh · 2022

MUHAMMAD YOUNUS VS MANSOOR ALI (DECEASED) S.15---eviction petition---Bona fide personal need---Scope---Tenants assailed orders passed by courts below whereby they were directed to vacate the demised premises---Validity---Landlord had claimed that the demised premises was required for establishment of his son's business, who was dependent on him---Tenants had failed to dislodge the claim of

2022 CLC 1787 KARACHI-HIGH-COURT-SINDH

Sindh · 2022

MUHAMMAD YOUNUS VS MANSOOR ALI (DECEASED) Ss. 15 & 10---eviction petition---Default in payment of rent---Scope---Tenants assailed orders passed by courts below whereby they were directed to vacate the demised premises---Validity---Statements of account in respect of the amounts deposited by tenant revealed that except for a few deposits all other deposits were made by her after the tenth da

2022 CLC 1787 KARACHI-HIGH-COURT-SINDH

Sindh · 2022

MUHAMMAD YOUNUS VS MANSOOR ALI (DECEASED) S.15---eviction petition---Sub-letting---Scope---Tenants assailed orders passed by courts below whereby they were directed to vacate the demised premises---Validity---Landlord had claimed that the tenants had made illegal alterations; they had created a new portion and the said portion was sub-let---After passing of the impugned order by the Trial C

2022 CLC 1146 KARACHI-HIGH-COURT-SINDH

Sindh · 2022

SHAKILA APPA (LATE) VS NADEEM GHANI Ss.10 & 15---Accumulated rent---Ground for eviction---Admission of the payment by landlord---Scope---Acceptance by the landlord that accumulated rent had been paid by the tenant periodically/with intervals would not mean that he did not desire/expect rent to be paid within time by the tenant as required by law or that he had waived his right to claim rent

2022 CLC 1146 KARACHI-HIGH-COURT-SINDH

Sindh · 2022

SHAKILA APPA (LATE) VS NADEEM GHANI Ss.10 & 15---Deliberate/willful default in payment of the monthly rent---eviction application was concurrently allowed---Petitioner/tenant (through her son/legal heir) contended that the eviction application filed by respondent was not maintainable as the demised premises (two flats) were rented out to the petitioner on pagri; both the flats were separate

2022 CLC 970 KARACHI-HIGH-COURT-SINDH

Sindh · 2022

MOHSIN GHAYUR HAIDER VS IIND SENIOR CIVIL JUDGE/RC S.15---Constitution of Pakistan, Art.199---Constitutional petition---eviction petition---Execution of orders---Scope---Petitioner assailed order passed by Executing Court whereby judgment debtor was directed to vacate the rented premises---Validity---Petitioner's alleged claim, right or interest in respect of the demised premises, had admit

2022 CLC 653 KARACHI-HIGH-COURT-SINDH

Sindh · 2022

TAYABA JAMA MASJID TRUST SAUDABAD, KARACHI VS Mst. AQEELA Begum Ss.15 & 16---eviction petition---Arrears of rent---Defence, striking off---Scope---Petitioner filed ejectment application under S. 15 of the Sindh Rented Premises Ordinance, 1979---Rent Controller struck off defence of the respondent under S. 16(2) and allowed the ejectment application on the ground of non-compliance of order p

2022 CLC 653 KARACHI-HIGH-COURT-SINDH

Sindh · 2022

TAYABA JAMA MASJID TRUST SAUDABAD, KARACHI VS Mst. AQEELA Begum S.16---Arrears of rent---Scope---Landlord in every case of eviction filed by him/her can make an application in terms of S. 16(1) irrespective of the grounds taken in the case---Likewise there is no legal embargo on passing an order either for depositing arrears of rent or monthly future rent---If there are no arrears due again

2022 CLC 386 KARACHI-HIGH-COURT-SINDH

Sindh · 2022

Syed WAJID ALI RIZVI VS X-RENT CONTROLLER, KARACHI EAST Ss.5, 14 & 19---Qanun-e-Shahadat (10 of 1984), Art. 113---eviction petition---Personal need and default in payment of monthly rent---Petitioner, instead of filing written statement, submitted a letter claiming that demised premises were not owned by respondent; and that respondent's previous (rent) case was dismissed concurrently---Ren

2022 YLRN 75 KARACHI-HIGH-COURT-SINDH

Sindh · 2022

NOORANI TRAVELS VS MUHAMMAD HANIF S.3---Prevention of illegal dispossession from property---Complainant dispossessed by bailiff, pursuant to a writ of eviction--- Scope--- Complainant alleged that the accused persons pursuant to a writ of eviction issued by Rent Controller for the shops illegally dispossessed it from another shop which was not subject matter of the said proceedings---Trial

2022 YLR 1972 ISLAMABAD

ICT · 2022

MUHAMMAD IQBAL QURESHI VS RENT CONTROLLER, ISLAMABAD-WEST S. 17---eviction of tenant---Expiry of lease agreement---Scope---Respondent filed ejectment petition under S. 17 of the Islamabad Rent Restriction Ordinance, 2001 seeking eviction of petitioner on the ground of rent default, personal bona fide need and breach of lease agreement---Petitioner was proceeded against ex parte and he was d

2022 MLD 709 ISLAMABAD

ICT · 2022

Syed IKRAM MUSTAFA VS Mian WALI MUHAMMAD S.7---eviction of tenant---Arrears of rent and mesne profit---Appellant obtained portion of house from the owner vide lease agreement---After death of the owner, respondent (legal heir/brother of owner) filed eviction application against the appellant and got the house vacated accordingly---Respondent then filed suit for recovery of arrears of rent a

2022 YLRN 51 ISLAMABAD

ICT · 2022

VANGUARD BOOKS (PVT.) LTD. VS LOK VIRSA Ss. 17 & 1(2)---National Institute of Folk and Traditional Heritage (Lok Virsa), Ordinance (LIV of 2002), S. 3---eviction of tenant---Exclusion of Government buildings from application of the Ordinance---Scope---Respondent filed an ejectment petition before the Rent Controller, which was dismissed being not maintainable due to bar contained in the not

2022 YLRN 4 ISLAMABAD

ICT · 2022

FAISAL MEHMOOD VS DISTRICT JUDGE, ISLAMABAD S. 23---Execution of orders---Scope---Phrase 'Civil Court' used in S. 23 of Islamabad Rent Restriction Ordinance, 2001, in itself is sufficient to demonstrate the intention of the Legislature, by showing that a Rent Controller while exercising powers of executing court regarding execution of an order of eviction shall exercise all powers vested in

2022 YLRN 4 ISLAMABAD

ICT · 2022

FAISAL MEHMOOD VS DISTRICT JUDGE, ISLAMABAD Ss. 17 & 23---Civil Procedure Code (V of 1908), O. XXI, R. 99---eviction petition--- Execution of orders---Restriction or obstruction by bona fide claimant---Scope---Petitioner assailed the acceptance of objection petition by the Rent Controller---Validity---Objector had acted in good faith and was possessor of the premises much before passing of

2022 YLR 1669 HIGH-COURT-AZAD-KASHMIR

2022

GHULAM RAZA LATIF VS MUHAMMAD ABBAS KHAN S. 14--- eviction of tenant---Tentative rent, determination of---Maintainability--- Scope--- Rent Controller while passing the impugned order for fixation of tentative rent had not committed any illegality or perversity because sub-section (8) of S. 14 of the Azad Jammu and Kashmir Rent Restriction Act, 1986, had empowered the Rent Controller to dete

2021 PLD 196 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2021

SAMIULLAH VS BAZ MUHAMMAD S. 12(2)---"Final order"---Application under S.12(2), C.P.C.---Appeal of respondent against eviction order of Trial Court in favour of respondent (alleged owner of shop) was dismissed by High Court---Separate suit of the present applicant for declaration and permanent injunction against respondents was decreed in favour of applicant/ plaintiff---Held, that applican

2021 MLD 1180 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2021

NASEER AHMED VS GHAFOOR KHAN S.13---eviction of tenant---Payment of "pagri"---Scope---Plea of payment of "pagri" does not disentitle the landlord from filing ejectment proceedings against the tenant on the ground of personal bona fide need.

2021 MLD 1180 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2021

NASEER AHMED VS GHAFOOR KHAN S.13---eviction of tenant---Payment of "pagri"---Personal bona fide need---Scope---Tenant appealed against the acceptance of eviction application---Contention of tenant was that landlord had not approached him for collection of rent and that he (tenant) had paid certain amount of sum as pagri---Validity---Tenant had not denied the existence of relationship of la

2021 MLD 798 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2021

ZAHID VS Mst. SADIA S.13---eviction of tenant---Personal bona fide need of landlady---Land lady/respondent contended that she needed five shops ( demised property ) in order to convert the same into rooms for residential purpose to be included into the adjacent house belonging to her---Held, that respondent/landlady had adduced cogent and worthy of credence evidence to substantiate her vers

2021 MLD 798 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2021

ZAHID VS Mst. SADIA S.13---Constitution of Pakistan, Arts. 23 & 24---Right of property---Scope---eviction application---Bona fide personal need of the landlady---Utilization of property by landlady---Sufficiency------Right of property, being a fundamental right, was protected under Arts. 23 & 24 of the Constitution---Right of ownership, admittedly, was superior to the right of tenancy---App

2021 MLD 798 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2021

ZAHID VS Mst. SADIA Ss.11 & 13---eviction of tenant---Personal bona fide need of landlady---Conversion of the demised property---Scope---Land lady/respondent contended that she needed five shops (demised property) in order to convert the same into rooms for residential purpose to be included into the adjacent house belonging to her ---Contention/objection of the appellants (tenants) was tha

2021 MLD 542 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2021

ALI HASSAN VS Mst. SUMAIRA KHALID Ss.13 & 14---Constitution of Pakistan, Arts.23 & 24---Civil Procedure Code (V of 1908), S.2(2)---Contract Act (IX of 1872), S.42---Ejectment of tenant---Bona fide personal need of landlord---Earlier ejectment petition having been dismissed as withdrawn---Death of a party during pendency of proceedings---Effect---Word 'party' contained in S.2(2) of C.P.C.---

2021 CLC 708 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2021

Syed HABIBULLAH VS Syed ABDUL KHABEER S. 13---eviction petition---Good faith---Scope---Term 'good faith' is prime and essential ingredient of ejectment of the tenant---Mala fide intention of landlord for ejectment on the ground of personal need can only be ascertained if it is proved that landlord in fact is not 'needy' rather is 'greedy' and he only desires to enhance the rent according to

2021 CLC 708 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2021

Syed HABIBULLAH VS Syed ABDUL KHABEER S.13---eviction petition---Bona fide personal need of landlord---Scope---Landlord has a superior right of possession and use of his property as against the tenant, but it has equally been settled that the tenant may not be deprived of his legal business and may not be shunted out from the said premises on mere assertion of the landlord.

2021 CLC 708 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2021

Syed HABIBULLAH VS Syed ABDUL KHABEER S.13---eviction petition---Bona fide personal need of landlord---Scope---Tenant challenged order passed by Rent Controller whereby he was directed to hand over vacant possession of the demised premises---Validity---Burden to prove that need of landlord was bona fide rather than mala fide was on the landlord---Landlord had tried to eject 22 tenants simul

2021 CLC 708 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2021

Syed HABIBULLAH VS Syed ABDUL KHABEER S.13---eviction petition---Scope---Tenant cannot be evicted on mere wish, convenience, whim and fancy of the landlord.

2021 YLR 2432 PESHAWAR-HIGH-COURT

KPK · 2021

Mst. MARIA AZIZ VS MUHAMMAD NAWAZ S. 114 & O.XLVII, R.1---Khyber Pakhtunkhwa Urban Rent Restriction Ordinance (VI of 1959), S. 13(2)(vi)---Review---Scope---eviction of tenant---Personal bona fide need---Reconstruction of demised property---Land lady failed to produce certificate of sanction of reconstruction even at the proceedings before the High Court; her eviction petition was rejected b

2021 YLR 1474 PESHAWAR-HIGH-COURT

KPK · 2021

GHULAM RASOOL VS TARIQ MAHMOOD S. 13---Civil Procedure Code (V of 1908), S. 12(2)---eviction of tenant---Bar to further suits---Failure to pay rent---Scope---Respondent's application for eviction of tenant was allowed and during the execution proceedings, petitioner stepped in the court with an application under S.12(2), C.P.C. claiming to be tenant of the demised premises since 1940 as bef

2021 MLD 1410 PESHAWAR-HIGH-COURT

KPK · 2021

MUSHTAQ AHMAD VS FAYAZ S.13---eviction of tenant---Relationship of landlord and tenant---Scope---Petitioner/landlord assailed the concurrent dismissal of his ejectment petition---Validity---Landlord had not mentioned in his petition as to when the possession of disputed house was handed over to the respondent as a tenant---Landlord had admitted in his cross-examination that no tenancy agree

2021 MLD 1410 PESHAWAR-HIGH-COURT

KPK · 2021

MUSHTAQ AHMAD VS FAYAZ S.13---eviction of tenant---Relationship of landlord and tenant---Scope---When issue regarding the existence of relationship of tenant and landlord is framed, the landlord is required to prove the same and in case of failure, his application is to be turned down.

2021 MLD 1410 PESHAWAR-HIGH-COURT

KPK · 2021

MUSHTAQ AHMAD VS FAYAZ S.13---eviction of tenant---Relationship of landlord and tenant---Scope---Payment of rent is a sine qua non for the relationship of landlord and tenant.

2021 CLC 1093 PESHAWAR-HIGH-COURT

KPK · 2021

Mian MUHAMMAD FAREED VS KHALID WADOOD Ss.13(6) & 17---Civil Procedure Code (V of 1908), S.47---Execution proceedings---Rent due, recovery of---Final rent due, non-determination of---After striking of defence of respondent-tenant, possession of demised premises was handed over to petitioner-landlord but no final determination of "rent due" was made by Rent Controller---Landlord filed executi

2021 CLC 699 PESHAWAR-HIGH-COURT

KPK · 2021

SHAMSHER KHAN VS GOVERNMENT OF KHYBER PAKHTUNKHWA S.25(2)(c) & Preamble---West Pakistan Waqf Properties (Administration) Rules, 1960, R. 7---Khyber Pakhtunkhwa Urban Rent Restriction Ordinance (VI of 1959), Ss. 3, 4 & Preamble---Constitution of Pakistan, Arts. 4 & 25---Terms and conditions on which waqf property may be leased or let out---Exemption from determination of fair rent---Scope---

2021 CLC 678 PESHAWAR-HIGH-COURT

KPK · 2021

MUHAMMAD ALI VS ATLAS KHAN S.13(6)---eviction of tenant---Default in payment of monthly rent---Non-compliance of order by the tenant to pay tentative monthly rent---Effect---Outstanding rent---Jurisdiction of the Rent Controller---Scope---Petitioner/tenant contended that Rent Controller had no jurisdiction to adjudicate the recovery of outstanding rent against him and the landlord/responden

2021 CLC 678 PESHAWAR-HIGH-COURT

KPK · 2021

MUHAMMAD ALI VS ATLAS KHAN S.13---eviction of tenant---Subsequent construction/improvement on the demised property after the creation of the tenancy---Jurisdiction of the Rent Controller---Scope---Petitioner/tenant contended that as he was running a factory at the demised property so the Rent Controller had no jurisdiction to entertain eviction application filed by the landlord/respondent--

2021 YLR 1973 LAHORE-HIGH-COURT-LAHORE

Punjab · 2021

Ch. ABDUL WAHEED VS ZAHIDA PARVEEN alias NAGINA S. 15--- eviction petition---Relationship of landlord and tenant---Scope---Where the denial of relationship of landlord and tenant is specifically agitated the question before Rent Tribunal is only to see the status of the parties---Obligatory upon a person claiming himself to be landlord of the premises to establish the evidence that the othe

2021 YLR 1973 LAHORE-HIGH-COURT-LAHORE

Punjab · 2021

Ch. ABDUL WAHEED VS ZAHIDA PARVEEN alias NAGINA S. 15--- eviction petition---Relationship of landlord and tenant---Scope---Receiving of rent and payment of rent are sine qua non for establishing the relationship of tenancy between the parties and in a case where the relationship itself is under question then, it becomes further necessary and imperative to prove the existence of relationship

2021 YLR 1973 LAHORE-HIGH-COURT-LAHORE

Punjab · 2021

Ch. ABDUL WAHEED VS ZAHIDA PARVEEN alias NAGINA S. 15--- eviction petition---Relationship of landlord and tenant---Scope---Petitioners landlord (petitioner) assailed the dismissal of their petition for ejectment of tenant---Validity---Petitioners had admitted that they had filed the ejectment petition on the basis of oral agreement for which there was no knowledge to the petitioners that wh

2021 YLR 1603 LAHORE-HIGH-COURT-LAHORE

Punjab · 2021

Mian ABID AZIZ VS AFTAB QADRI Ss.17(8)& 17(9)---eviction of tenant---Default in payment of monthly rent---Non-compliance of order of the Court made under S.17(8) of the Cantonments Rent Restriction Act, 1963 (the Act 1963) to deposit arrears as well as future monthly rent---Rent Controller struck off the right of defence on the application of landlord under S.17(9) of the Act 1963 and passe

2021 YLR 1603 LAHORE-HIGH-COURT-LAHORE

Punjab · 2021

Mian ABID AZIZ VS AFTAB QADRI Ss. 17(8) & 17(9)---Punjab Urban Rent Restriction Ordinance (VI of 1959), S. 13(6)---eviction of tenant---Payment of monthly rent---Due date---Scope---"Rent due" and "subsequently become due "---Scope---Non-compliance of order of the Court to deposit arrears as well as future monthly rent---Rent Controller struck off the right of defence of the tenant and passe

2021 CLC 1405 LAHORE-HIGH-COURT-LAHORE

Punjab · 2021

MOHAMMAD AKRAM BHATTI VS ADDITIONAL DISTRICT JUDGE, ATTOCK S.19---eviction petition---Co-owner---Scope---Co-owner seeking eviction---Oral tenancy, expiry of---Scope---Petitioner assailed the concurrent dismissal of his ejectment petition---Validity---Special Judge (Rent), after observing that the petitioner was a co-owner had fallen in error in assuming that he could not maintain an evictio

2021 MLD 2046 LAHORE-HIGH-COURT-LAHORE

Punjab · 2021

Mst. HAMEEDA BIBI VS KHAN MUHAMMAD alias KHAN AHMAD S.8---Suit for possession ---Suit was filed without seeking declaration qua entitlement in the suit-property---Maintainability---Record revealed that the claim of tenancy of (part of) property-in-question of predecessor-in-interest of the petitioners/plaintiffs was dismissed about forty years ago for want of proving the relationship of lan

2021 MLD 1613 LAHORE-HIGH-COURT-LAHORE

Punjab · 2021

NISHAN AHMAD alias ZEESHAN VS CIVIL JUDGE Ss.15 & 19---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Relationship of landlord and tenant---Proof---Petitioner/tenant denied relationship of landlord and tenant on the plea that his suit for specific performance of agreement to sell was pending decision---Validity---Proceedings in suit for specific performa

2021 MLD 808 LAHORE-HIGH-COURT-LAHORE

Punjab · 2021

Mst. SHAHNAZ BIBI VS SIRAJ DIN Ss.15 & 19---Ejectment of tenant---Mortgage deed (Girvee)---Petitioner was tenant in the premises owned by respondent---eviction order passed by Trial Court was maintained by Lower Appellate Court---Validity---Neither petitioner/tenant filed any suit for redemption nor respondent/landlord filed suit for recovery of amount on the basis of usufruct mortgage--- F

2021 CLC 952 LAHORE-HIGH-COURT-LAHORE

Punjab · 2021

NAVEED AKHTAR VS SPECIAL JUDGE (RENT), SIALKOT S.19---Ejectment of tenant--- Co-sharer, non-impleading of---Effect---eviction application filed by landlord/respondent against tenant/petitioner was allowed by Rent Tribunal---Lower Appellate Court maintained eviction order passed by Rent Tribunal---Tenant/petitioner assailed maintainability of eviction application on the plea that premises fe

2021 CLC 782 LAHORE-HIGH-COURT-LAHORE

Punjab · 2021

Malik KHALIL AHMAD VS PCBL Ss.7, 11 & 16 ---Powers of a Cooperatives Board ---Application to Cooperatives Judge---Recovery of arrears of land lease / rent---Scope--- Question before High Court was whether Cooperatives Judge, under Punjab Undesirable Cooperative Societies (Dissolution) Act, 1993 had jurisdiction to adjudicate upon a suit for recovery of arrears of land lease / rent money---H

2021 CLC 623 LAHORE-HIGH-COURT-LAHORE

Punjab · 2021

Mrs. AZRA RIAZ VS ADDITIONAL DISTRICT JUDGE S.19---eviction petition---Scope---Petitioner sought eviction of tenant and sub-tenant on the ground of default in payment of rent---Ejectment petition was contested by sub-tenant by filing an application for leave to contest wherein he asserted that he was occupant of the premises as tenant but not for the petitioner rather of another person (all

2021 PLD 90 LAHORE-HIGH-COURT-LAHORE

Punjab · 2021

NOOR-UN-NISA VS UNITED BANK LIMITED Ss. 15, 19 & 22---eviction petition---Leave to contest---Concurrent findings---Scope---Petitioners assailed the rejection of their application for leave to defend the ejectment petition; the order of acceptance of ejectment petition and the judgment of appellate court dismissing the appeal---Contention of petitioners was that the property was allotted to

2021 YLR 2278 KARACHI-HIGH-COURT-SINDH

Sindh · 2021

MUHAMMAD TOBRIA VS The BOARD OF TRUSTEE Ss. 42 & 54---Civil Procedure Code (V of 1908), O. VII, R. 11---Karachi Port Trust Act (VI of 1886), S. 87---Transfer of Property Act (IV of 1882), Ss. 105 & 107---Easements Act (V of 1882), Ss. 52 & 54---Suit for declaration and permanent injunction---Limitation of suits---Rejection of plaint---Lease---Licence---Leases how made---Grant of licence may

2021 YLR 1608 KARACHI-HIGH-COURT-SINDH

Sindh · 2021

MOHAMMAD FAHIM VS MOHAMMAD FAIZ S. 13---eviction petition---Relationship of landlord and tenant---Failure to prove payment of rent---Scope---Landlord assailed the ultimate dismissal of his eviction petition by the Appellate Court---Validity---Landlord had claimed ownership of property on the basis of an unregistered lease deed which was required to be registered being a compulsorily registr

2021 YLR 1060 KARACHI-HIGH-COURT-SINDH

Sindh · 2021

SHAHID WAHAB SIDDIQI VS Syed FARHAJ AHMED S. 7---eviction and mode of recovery as an interim relief---Scope---Appellant although not accused but was found to be in possession of the suit property at the time of execution of orders on an application under S.7 of Illegal Dispossession Act, 2005, contended that he was not guilty of the offence of illegal dispossession; that it was mandatory fo

2021 YLR 740 KARACHI-HIGH-COURT-SINDH

Sindh · 2021

BOARD OF INTERMEDIATE, EDUCATION, KARACHI VS HAFEEZ-UL-HAQ S. 15---Ejectment of tenant---High Court, jurisdiction of---Bona fide personal need of landlord---Choice of landlord---Board of Intermediate Education sought eviction of its tenant on bona fide personal need of demise shop---Rent Controller and Lower Appellate Court concurrently dismissed ejectment application and appeal filed by th

2021 CLC 1780 KARACHI-HIGH-COURT-SINDH

Sindh · 2021

AQSA JAWED VS MUHAMMAD HASSAN S.15---eviction petition---Scope---Landlord may not be essentially an owner of the property and ownership may not always be a determining factor to establish the relationship of landlord and tenant between the parties, however, in normal circumstances, in the absence of any evidence to the contrary, the owner of the property by virtue of his title is presumed t

2021 CLC 1780 KARACHI-HIGH-COURT-SINDH

Sindh · 2021

AQSA JAWED VS MUHAMMAD HASSAN S.15---eviction petition---Denial of relationship of landlord and tenant---Pendency of civil suit---Landlord, an ostensible owner---Scope---Petitioner/landlady assailed the concurrent dismissal of her ejectment petition---Main arguments advanced by the tenant were denial of relationship of landlady and tenant between the parties and pendency of suit for declara

2021 MLD 1905 KARACHI-HIGH-COURT-SINDH

Sindh · 2021

HABIB BANK LIMITED VS MST. NEELOFAR ANWAR Ss.13, 16 & 18---eviction petition---Arrears of rent---Change in ownership---Defiance in payment of arrears---Scope---Respondents/new landlords initiated eviction proceedings by filing rent case along with an application under S.16(1) of Sindh Rented Premises Ordinance, 1979---Tentative rent order passed by Rent Controller was not complied with by t

2021 MLD 1398 KARACHI-HIGH-COURT-SINDH

Sindh · 2021

MUHAMMAD ASIF VS NASEEM BEGUM S.13---Specific Relief Act (I of 1877), S. 12---eviction petition---Pendency of suit for specific performance of agreement to sell---Effect---Petitioner/tenant assailed order passed by the courts below whereby he was directed to vacate the rented premises---Contention of petitioner was that he had purchased the property through sale agreement and handsome amoun

2021 MLD 1298 KARACHI-HIGH-COURT-SINDH

Sindh · 2021

MUHAMMAD NAVEED VS VIIIth ADDITIONAL DISTRICT JUDGE, KARACHI SOUTH S.13---eviction petition---Default in payment of rent---Burden of proof---Scope---Burden of establishing the timely payment of rent is upon the tenant which, if he fails, has to face consequences.

2021 MLD 1298 KARACHI-HIGH-COURT-SINDH

Sindh · 2021

MUHAMMAD NAVEED VS VIIIth ADDITIONAL DISTRICT JUDGE, KARACHI SOUTH S.13---eviction petition---Default in payment of rent---Scope---Held, it shall always be the duty of the tenant to pay or at least tender the rent to the landlord and he cannot be allowed to plead that the landlord did not make any effort to collect the rent---Mere fact that a tenant has made it a habit not to pay the rent u

2021 MLD 1298 KARACHI-HIGH-COURT-SINDH

Sindh · 2021

MUHAMMAD NAVEED VS VIIIth ADDITIONAL DISTRICT JUDGE, KARACHI SOUTH S.13---eviction petition---Default in payment of rent---Scope---Where there is no denial to existence of relationship of landlord and tenant between the parties, the claim is to be accepted once landlord states on oath and same goes un-shattered in cross-examination.

2021 MLD 1298 KARACHI-HIGH-COURT-SINDH

Sindh · 2021

MUHAMMAD NAVEED VS VIIIth ADDITIONAL DISTRICT JUDGE, KARACHI SOUTH S.13---eviction petition---Default in payment of rent---Scope---Petitioners/tenants assailed acceptance of eviction petition of landlord by the courts below on the ground of default in payment of rent---Case of landlord was that the tenants had failed to pay the rent for the month of March and April 2004 while the tenants ha

2021 MLD 919 KARACHI-HIGH-COURT-SINDH

Sindh · 2021

ABDUL HAMEED ASGHAR VS VTH ADDITIONAL DISTRICT JUDGE-EAST S.15---Constitution of Pakistan, Art.199---Civil Procedure Code (V of 1908), S.151---Trust Property---eviction application---Personal bona fide need of an individual and not the trust---Effect---Rented premises being the property of a Trust, application for eviction was moved not in the name of Trust, instead by an individual (respon

2021 CLC 1277 KARACHI-HIGH-COURT-SINDH

Sindh · 2021

ABDUL MAJEED SOHAIL VS MUHAMMAD MAHBOOB-UZ-ZAMAN KHAN S.15---Civil Procedure Code (V of 1908), S.12(2)---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Ex-parte order, setting aside of---Application under S.12(2), C.P.C.---Maintainability---Petitioner-tenant assailed ex-parte eviction order passed against him due to default in monthly rent and bona fide

2021 CLC 1193 KARACHI-HIGH-COURT-SINDH

Sindh · 2021

Chaudhry MUHAMMAD YOUNUS VS MAQSOOD ALAM S.13---eviction petition---Scope---Petitioners assailed order passed by courts below whereby they were directed to hand over the possession of the shops to the management of the Mosque---Contention of petitioners was that they had got constructed the shops being part of the management of the Mosque and had later on dis-associated themselves from the

2021 CLC 1153 KARACHI-HIGH-COURT-SINDH

Sindh · 2021

ABID IQBAL ANSARI VS Mirza NASEERUDDIN Ss. 17 & 27---eviction of tenant---Default in payment of monthly rent---Rent Controller, jurisdiction of---Enquiry by the Court---Scope---Additional Controller of Rents passed ejectment order without recording evidence---Appellant /tenant contended that leading of evidence was required to ascertain default on his part---Held, that the satisfaction of t

2021 CLC 1153 KARACHI-HIGH-COURT-SINDH

Sindh · 2021

ABID IQBAL ANSARI VS Mirza NASEERUDDIN S.17---eviction of tenant---Default in payment of monthly rent---Technicalities in proceedings---Scope---Held, that appellant/tenant had not denied his failure in timely payment of the rent, hence it would not be fair to allow him to continue taking advantage of technicalities including proper service, particularly when he had no prima facie and reason

2021 CLC 1153 KARACHI-HIGH-COURT-SINDH

Sindh · 2021

ABID IQBAL ANSARI VS Mirza NASEERUDDIN S.17---eviction of the tenant---Previous decree on the basis of compromise between the tenant and landlord---Effect---Previously, Civil Court passed a compromise decree, inter alia , enforcing the tenant to vacate the rented premises on the date given in the undertaking---Tenant failed to vacate the rented premises on stipulated time as per his underta

2021 CLC 976 KARACHI-HIGH-COURT-SINDH

Sindh · 2021

RIASAT KHAN VS ARSHAD ALI BHUTTO Ss.13 & 18---eviction petition---Change in ownership---Scope---Petitioner claimed that he was landlord by virtue of sale deed of demised premises; that there was default on the part of tenant and that the premises was required for personal bona fide need---Courts below declined the ejectment application while holding non-existence of relationship of landlord

2021 CLC 732 KARACHI-HIGH-COURT-SINDH

Sindh · 2021

MUHAMMAD RAMZAN VS NANOO Ss.2(f) & 16(1)--- Constitution of Pakistan, Art.199---Ejectment of tenant---"Landlord", determination of--- Documentary evidence to exclude oral evidence---Petitioner filed applications for eviction of tenants from demised premises---Respondent claimed to be owner of demised premises and contested the proceedings with petitioner--- Rent Controller accepted petition

2021 CLC 566 KARACHI-HIGH-COURT-SINDH

Sindh · 2021

Mst. SURRIYA BIBI VS MUHAMMAD ALI QURESHI S.15---Civil Procedure Code (V of 1908), S.12(2)---eviction petition---Bar to further suit---Scope---Petitioner assailed the concurrent dismissal of her application filed under S.12(2), C.P.C.---eviction order passed by Rent Controller against the petitioner had attained finality long ago as her appeal was dismissed by the Appellate Court on the gro

2021 CLC 120 KARACHI-HIGH-COURT-SINDH

Sindh · 2021

Mst. ZAHIDA HAROON VS MUHAMMAD ASHIQUE S.15---eviction petition---Personal bona fide need of landlord---Scope---Mere statement of the landlord on oath is sufficient to prove personal bona fide need.

2021 CLC 120 KARACHI-HIGH-COURT-SINDH

Sindh · 2021

Mst. ZAHIDA HAROON VS MUHAMMAD ASHIQUE S.15---eviction petition---Relationship of landlord and tenant---Scope---Petitioner (landlady) assailed orders passed by courts below whereby it was held that the relationship of tenancy did not exist between the parties---Contention of tenant was that he was the tenant of petitioner's husband's elder brother who had earlier filed an ejectment petition

2021 PLD 237 KARACHI-HIGH-COURT-SINDH

Sindh · 2021

MUHAMMAD AZAM KHAN VS Dr. IQBAL HAMEED S. 15---eviction of tenant---Personal bona fide need of landlord---Co-owner (landlord) in the rented premises, right of---Scope---Earlier proceedings, regarding demised shop, were initiated by the respondent's father who was dead, thereby making his legal heirs, including the respondent, as one of the co-owners/co-sharers---All said legal heirs had giv

2021 PLD 237 KARACHI-HIGH-COURT-SINDH

Sindh · 2021

MUHAMMAD AZAM KHAN VS Dr. IQBAL HAMEED S. 15---Civil Procedure Code (V of 1908), S. 11---eviction of tenant---Res judicata, principle of---Scope---New cause of action---Personal bona fide need of landlord---Petitioner/tenant contended that as eviction applications earlier filed by respondent's parents were dismissed so respondent/landlord could not move the eviction application under the pr

2021 PLD 13 KARACHI-HIGH-COURT-SINDH

Sindh · 2021

The PROVINCE OF SINDH VS The ISLAMIC EDUCATION TRUST through Official Assignee, Karachi Ss. 15 & 3---Privately Managed Schools and Colleges (Taking Over) Regulation [MLR No.118 of 1972], Regln. 4---eviction petition---Scope---Petitioner assailed several orders passed by Rent Controller and Additional District Judge---Validity---Held; ejectment application was filed in accordance with law an

2021 PCrLJN 38 KARACHI-HIGH-COURT-SINDH

Sindh · 2021

ANANT KUMAR PARSHOTAM VS MEMBERS OF THE MANAGING COMMITTEE, SWAMI NARAYAN TEMPLE TRUST S. 3---Prevention of illegal possession of property---Scope---Respondents filed eviction petition regarding tenement adjoining (tenement) to that of appellant's, which was ultimately allowed but the tenant's attorney (the Attorney) while delivering possession of the tenement also delivered possession of t

2021 YLR 2092 ISLAMABAD

ICT · 2021

KHURSHEED AHMED VS RENT CONTROLLER, ISLAMABAD (WEST) Ss. 17 & 11---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2---eviction of tenant---Personal bona fide need of landlord---Payment of premium/"Pagri" by the tenant to previous landlord--- Tenant moved application before the Rent Controller seeking grant of stay of eviction proceedings which application was dismissed---Petitioner/ten

2021 YLR 2092 ISLAMABAD

ICT · 2021

KHURSHEED AHMED VS RENT CONTROLLER, ISLAMABAD (WEST) Ss. 17 & 11---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2---Specific Relief Act ( I of 1877 ), Ss. 42, 39, 54 & 56---Suit for declaration, cancellation, permanent injunction and mandatory injunction filed by the tenant---eviction petition filed by the subsequent landlord on basis of personal bona fide need---Payment of premium/

2021 MLD 1864 ISLAMABAD

ICT · 2021

SAJJAD VS MUHAMMAD YOUNAS KHILJI S.17---Constitutional petition---eviction petition allowed by the Rent Controller---Petitioners were directed to handover vacant possession of the rented premises to respondent within a period of fifteen days---Petitioners filed appeal which was dismissed by the District Court---Petitioners denied their relationship as tenants and contended that the rented p

2021 CLC 1979 ISLAMABAD

ICT · 2021

SAEED UR REHMAN VS SECRETARY TO THE GOVERNMENT OF PAKISTAN, MINISTRY OF RELIGIOUS AFFAIRS AND INTERFAITH HARMONY, ISLAMABAD R.3(i)(e)---Constitution of Pakistan, Art.199---Constitutional petition---Violation of relevant laws and rules---Due process by proper forum---Validity---Petitioner admittedly violated Rule 3(i)(e) of Scheme for the Scheme for the Management and Disposal of Urban Evacu

2021 PLD 236 ISLAMABAD

ICT · 2021

Ms. SARA BIBI VS MUHAMMAD SALEEM Ss. 12 & 22---Suit for specific performance of agreement to sell---Pre-conditions---Words "readiness" and "willingness"---Connotation---Respondent-plaintiff sought specific performance of oral agreement to sell and appellant-defendant resisted the same on the plea that balance consideration amount was not paid within time specified in agreement therefore, th

2020 YLR 616 SUPREME-COURT-AZAD-KASHMIR

Supreme Court · 2020

Ch. FAKHAR-U-ZAMAN VS HASSAN ALI S. 14--- Ejectment petition---Enhancement of rent---Landlord, during pendency of eviction petition, moved application for enhancement of rent which was accepted and tenant was directed to deposit tentative rent---Validity---Relationship of landlord and tenant existed between the parties---Matter with regard to ejectment of tenant was subjudice before the Ren

2020 SCMR 1816 SUPREME-COURT

Supreme Court · 2020

LIAQAT ALI VS FAYASUDDIN Ss. 3 & 15---eviction petition---Landlord and tenant, relationship of---Subject premises, which was Evacuee Trust property, was allotted to the respondent, who inducted the petitioner as a tenant in the same---Subsequently Evacuee Trust Board cancelled the Permanent Transfer Deed (PTD) in favour of respondent and the issue went into litigation---Question as to wheth

2020 YLR 2498 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2020

MUHAMMAD HASHIM VS Syed KALIMULLAH Ss. 13 & 17---eviction petition---Execution petition---Objection petition---eviction petition was allowed against which an appeal was filed but same was dismissed---Execution petition was filed wherein tenant moved objection petition on the ground of limitation but same was dismissed---Validity---Mere filing of appeal or revision before higher forum did no

2020 YLR 2382 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2020

ABDUL ELLAH RAHMANI VS MUHAMMAD KHAN S. 13---Ejectment of tenant---Default in payment of rent---Sale agreement in favour of tenant---Effect---Denial of relationship of landlord and tenant by the tenant---Tenants contended that they had a sale agreement in their favour of demised premises---Ejectment petition was dismissed concurrently---Validity---Demised premises stood in the ownership of

2020 YLR 1764 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2020

FAYYAZ AHMED VS MUHAMMAD AZAM S. 13---Ejectment of tenant---Default in payment of rent---Denial of relationship of landlord and tenant---Oral tenancy--- Scope--- Tenants challenged the order of Rent Controller whereby they were directed to vacate the rented premises---Contention of tenants were that relationship of landlord and tenant did not exist between the parties and that the landlord

2020 CLC 1764 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2020

ABDUL AZIZ VS TOWN MUNICIPAL OFFICER HUB Ss.13 & 17---eviction petition---Consent order---Execution petition---Objection petition---Provisions of Civil Procedure Code, 1908 applicability of---Appeal was disposed of with the observation that monthly rent should be increased and deposited in the account of landlord and dispute with regard to previous rent should be resolved by the competent C

2020 CLC 1542 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2020

MUHAMMAD AKRAM VS MUHAMMAD KHALID Ss.13 & 14---Contract Act (IX of 1872), S.42---Civil Procedure Code (V of 1908), S.2(2)---Constitution of Pakistan, Arts. 23 & 24---Ejectment of tenant---Bona fide personal need of landlord---Earlier eviction petition dismissed as withdrawn---Death of landlord---Effect---Expression 'party' contained in S.2(2) of C.P.C.---Scope---Ejectment petition was accep

2020 CLC 717 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2020

JAWAHIR LAL VS MUHAMMAD ZAHID S.13---Ejectment petition---Personal bona fide need of landlord---Non-appearance of landlord as witness---Effect---Tenant filed appeal against the order of Rent Controller whereby the eviction petition filed by landlord was allowed---Case of landlord was that he wanted the possession of rented premises for extention in his business and alternation in its struct

2020 CLC 526 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2020

MUHAMMAD NADEEM VS ANJUMAN-E-NASIR-UL-AZA Ss. 13 & 14---Constitution of Pakistan, Arts. 23 & 24---eviction petition on behalf of attorney---Maintainability---Bona fide personal need of landlord Right of Property---Scope---Earlier ejectment petition having been dismissed for non-prosecution---Effect---Payment of Pagri---Effect---eviction petition filed on behalf of landlord was accepted---Co

2020 PLD 83 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2020

ERICK (ARICK) FEROZE VS PETHRES alias MITHO S. 13---West Pakistan Urban Rent Restrictions Ordinance (VI of 1959), S.5-A---Ejectment of tenant---Default in payment of rent---Bona fide personal need of landlord---Denial of relationship of landlord and tenant by the tenant---Words "requires it in good faith for his own occupation"---Scope---Landlord filed eviction petition on the grounds of de

2020 PLD 78 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2020

ZAHID HUSSAIN KHAN VS SHAMS ULLAH Ss. 13 & 5---Ejectment of tenant---Default in payment of rent-Bona fide personal need of landlord---Rent Controller while accepting eviction petition on the ground of default in payment of rent directed landlord to approach the civil Court for recovery of arrears of rent and outstanding utility bills---Validity---Rent Controller was empowered to determine r

2020 YLR 2094 PESHAWAR-HIGH-COURT

KPK · 2020

IFTIKHAR KHAN VS SIKANDAR KHAN S. 13---Specific Relief Act (I of 1877), S. 12---Qanun-e-Shahadat (10 of 1984), Arts. 79, 113 & 129(g)---eviction of tenant---Suit for specific performance of agreement to sell---Proof of execution of document required by law to be attested, facts admitted need not be proved, withholding best evidence---Scope---Landlords claimed that the suit property was rent

2020 YLR 1997 PESHAWAR-HIGH-COURT

KPK · 2020

SYED MUHAMMAD VS Mst. FEROZA S. 13---Civil Procedure Code (V of 1908), S.12(2)---eviction of tenant---Ex-parte decree, setting aside of---Sufficient cause---Waiver---Scope---Rent Controller, on the application of landlady for eviction of tenant, directed the tenant to deposit Rs. 31,25,000/- as tentative rent---Tenant assailed the said order in Constitutional petition, which was dismissed--

2020 YLR 1516 PESHAWAR-HIGH-COURT

KPK · 2020

Syed YOUSAF ALI SHAH VS SHOAIB KHAN Ss. 13 & 14---Ejectment of tenant---Default in payment of rent---Bona fide personal need of landlord---'Pagri' amount, payment of---Effect---Earlier, ejectment petition filed on behalf of mother of landlord having been dismissed---Res judicata, principle of---Applicability--- Tentative rent--- Non-payment of--- Effect--- Landlord filed eviction petition o

2020 CLC 1286 PESHAWAR-HIGH-COURT

KPK · 2020

Haji MUKARRAM KHAN VS Haji BADSHAH KHAN S.13---Civil Procedure Code (V of 1908), O. VII, R. 11 & S. 89-A---Ejectment petition---Tenant filed application for summary rejection of eviction petition on the ground that co-owner had compromised with him---Rent Controller dismissed the said application---Validity---If co-owner of demised premises had filed separate application for enhancement of

2020 PLD 94 PESHAWAR-HIGH-COURT

KPK · 2020

PAK MUHAMMAD VS Mst. ROZEENA WASEEM S. 12(2)---Khyber Pakhtunkhwa Urban Rent Restriction Ordinance (VI of 1959), S. 13---eviction of tenant---Bar to further suits---Scope---Petitioner filed applications under S.12(2), C.P.C.), before the Rent Controller challenging the decrees on the ground of fraud and collusion between the alleged landlord and alleged tenant---Case of petitioner was that

2020 YLR 2421 LAHORE-HIGH-COURT-LAHORE

Punjab · 2020

PCBL VS ZEENAT BIBI S.13---Punjab Undesirable Cooperative Societies (Dissolution) Act (I of 1993), Ss. 7, 16 & 17--- Cooperative petition---Maintainability--- Ejectment petition against Pakistan Development Cooperative Corporation Limited ("Cooperative Corporation")---Execution petition for recovery of arrears of rent from Cooperative Corporation---Auction of property of the Cooperative Cor

2020 YLR 2344 LAHORE-HIGH-COURT-LAHORE

Punjab · 2020

MUHAMMAD ILYAS VS MUMTAZ BEGUM S.8---Suit for possession of immovable property--- Admission---Withdrawal of---Effect---Suit land was inherited in favour of plaintiffs being widow and minor son of deceased---Defendant having possession of suit property being nephew of deceased filed earlier suit for declaration on the basis of gift against public-at-large which was ex parte decreed---Plainti

2020 YLR 2115 LAHORE-HIGH-COURT-LAHORE

Punjab · 2020

AKHTAR MEHMOOD VS SPECIAL JUDGE (RENT), LAHORE Ss. 19 & 10---eviction petition---Effect of other agreement---Scope---Petitioner/tenant assailed concurrent dismissal of his application seeking leave to contest---Validity---Petitioner, in his application seeking leave to contest, had admitted payment of rent notwithstanding execution of two agreements to sell---Execution of agreements to sell

2020 YLR 854 LAHORE-HIGH-COURT-LAHORE

Punjab · 2020

Sh. SAEED UL HASSAN VS Sh. MOHAMMED IMRAN Ss. 15 & 2 (l) (iii)---Ejectment petition against sub-tenant---Maintainability---Demised premises was rented out by tenant in favour of sub-tenant---eviction petition against sub-tenant was accepted concurrently--- Validity--- No written consent on the part of landlord in favour of tenant to induct sub-tenant was on record---When oral assertion had

2020 MLD 1689 LAHORE-HIGH-COURT-LAHORE

Punjab · 2020

ADNAN ALI VS RENT CONTROLLER, MULTAN CANTT. Ss.17 & 24---eviction of tenant---Tentative rent, determination of---Interim order---Maintainability---Scope---Tenant assailed order as to the deposit of future rent and arrears of rent pending disposal of the ejectment petition---Validity---Section 24 of Cantonments Rent Restriction Act, 1963, provided for an appeal against the order of the Rent

2020 MLD 226 LAHORE-HIGH-COURT-LAHORE

Punjab · 2020

MUHAMMAD ISMAIL VS MUHAMMAD ASLAM Ss. 15 & 2(e)---eviction petition---'Pagri' amount, payment of---Court below held that landlord was liable to return lump sum pagri amount of Rs. 500,000/- (Rs. 250,000/- for each shop) to the tenant---Validity---Half of the market value of shops had been paid as pagri to the landlord---Pagri amount paid for one shop was Rs. 75000/- and for other Rs. 250000

2020 MLD 226 LAHORE-HIGH-COURT-LAHORE

Punjab · 2020

MUHAMMAD ISMAIL VS MUHAMMAD ASLAM Ss. 2(e) & 15---eviction of tenant---Tenant had paid amount of Pagri to the landlord---Adjustment of pagri amount at the time of eviction---Scope---"Pagri"---Connotation.

2020 CLC 2080 KARACHI-HIGH-COURT-SINDH

Sindh · 2020

MUHAMMAD HANIF VS ANJUMAN-E-IMAMIA (REGISTERED SOCIETY), through Patron Ss.15 & 21---Ejectment of tenant---Default in payment of rent---Appellate Court, jurisdiction of---Scope---Rent Controller dismissed eviction petition only on the ground of maintainability but Appellate Court allowed the same on the ground of default in payment of rent---Validity---Rent Controller had dismissed eviction

2020 YLR 2237 KARACHI-HIGH-COURT-SINDH

Sindh · 2020

MUHAMMAD ASLAM VS Mst. HAFIZAN BEGUM S. 14---Ejectment of tenant---Delivery of vacant possession---Scope---Petitioner/ tenant assailed the concurrent findings of Rent Controller as well as Appellate Court wherein eviction application of the landlord filed under S.14 of the Sindh Rented Premises Ordinance, 1979 was allowed---Validity---Rent Controller as well as Appellate Court had exercised

2020 YLR 1967 KARACHI-HIGH-COURT-SINDH

Sindh · 2020

ANWAR AHMAD VS IQBAL AHMAD S. 17---eviction of tenant---Personal need of landlord---Burden of proof---Scope---Landlord seeking eviction of his tenant on the ground of personal need cannot be deprived of such valuable and inalienable right provided to him by law merely on the ground that his spouse and/or any other member of his family owns other property(ies); the only burden on him is to p

2020 YLR 1967 KARACHI-HIGH-COURT-SINDH

Sindh · 2020

ANWAR AHMAD VS IQBAL AHMAD S. 17---eviction of tenant---Personal need of landlord--- Scope--- eviction petition was dismissed by Rent Controller on the grounds that the demised premises were commercial, (although not officially) therefore, landlord could not seek eviction of tenants to use the premises as his residence; that the ground floor of demised premises was not in habitable conditio

2020 YLR 1932 KARACHI-HIGH-COURT-SINDH

Sindh · 2020

MUHAMMAD AZEEM VS Mst. RANI Ss. 15, 18 & 2(i)---Contract Act (IX of 1872), Ss. 196 & 197---eviction petition by attorney--- Maintainability--- Change of ownership of demised premises---Notice to the tenant---Default in payment of rent and utility charges---Bona fide personal need of landlord---Scope---Evasive denial by tenant---Effect---Ratification---Need of husband of landlady---Scope---e

2020 YLR 1886 KARACHI-HIGH-COURT-SINDH

Sindh · 2020

WASEEM KHAN VS ASIM HUSSAIN Ss. 15 & 2(i)---Transfer of Property Act (IV of 1882), S. 53-A---Qanun-e-Shahadat (10 of 1984), Art.132---Ejectment of tenant---Default in payment of rent---Sale agreement--- Effect--- eviction petition was accepted concurrently--- Validity--- Tenant had committed default with regard to payment of rent, electricity and water charges---Tenant had failed to file wr

2020 YLR 1741 KARACHI-HIGH-COURT-SINDH

Sindh · 2020

Mir AZIZ ULLAH KHAN VS MUHAMMAD SABIR S. 17---Constitution of Pakistan, Art. 10-A---Ejectment of tenant---Default in payment of rent---Bona fide personal need of landlord---Sale agreement in favour of tenant---Suit for specific performance of contract filed on behalf of tenant--- Effect--- Fair trial---Requirements---Tenant refused to receive Court notice and he was proceeded ex-parte---evi

2020 YLR 992 KARACHI-HIGH-COURT-SINDH

Sindh · 2020

NASREEN KAUSAR VS Mst. HOOR AFZAL Ss. 18 & 15---Change of ownership---Requirements---Default in payment of rent---eviction petition was allowed on the ground of default in payment of rent---Contention of tenant was that he had paid rent to the previous owner of demised premises---Validity---Subsequent owner of demised premises was required to send a written intimation by registered post to

2020 YLR 561 KARACHI-HIGH-COURT-SINDH

Sindh · 2020

AIRPORT HOTEL, HOTEL SKYROOMS (PVT.) LTD. VS Khawaja AHSAN MEHMOOD Ss. 17, 27 & 28---Ejectment of tenant---Denial of relationship of landlord and tenant by the tenant---Rent Controller dismissed ejectment petition in a summary manner with special costs---Validity---Rent Controller had no power to award compensation and he could only impose fine to the extent of Rs. 500/- in case of contrave

2020 YLR 61 KARACHI-HIGH-COURT-SINDH

Sindh · 2020

SAEED MAZHAR ALI VS Mrs. AROOSA MUBASHIR Ss. 6, 17, 24 & 30---General Clauses Act (X of 1897), S. 6(e)---Constitution of Pakistan, Art. 175(3)---eviction of tenant---Inherent jurisdiction of High Court---Scope---Tenant had stopped paying the monthly rent to the landlord claiming that he had entered into agreement to sell regarding demised property with the landlord---Appellant/ tenant chall

2020 CLC 1720 KARACHI-HIGH-COURT-SINDH

Sindh · 2020

Dr. MUHAMMAD HASSAN VS ADDITIONAL CONTROLLER OF RENT, CLIFTON CANTONMENT BOARD Ss.3, 17, 19(8) & 24--- Constitution of Pakistan, Arts. 10-A & 23---eviction of tenant---Property rights---Rent Controller, jurisdiction of---Petitioners were having lease agreements in their favour executed by Federal Government and the Government sought their eviction from Rent Controller on the plea of raising

2020 CLC 1599 KARACHI-HIGH-COURT-SINDH

Sindh · 2020

Haji MUHAMMAD ASHRAF QURESHI VS NANKI BAI S.2---Sindh Rented Premises Ordinance (XVII of 1979), S. 15---Application for eviction of tenant --- Power of attorney, validity of---Plea on behalf of tenant that eviction proceedings filed by attorney for the landlady before the Rent Controller had not been filed on the basis of proper General Power of Attorney establishing the actual and valid ag

2020 MLD 130 KARACHI-HIGH-COURT-SINDH

Sindh · 2020

Syed ALI ABBAS RIZVI VS ADDITIONAL CONTROLLER OF RENTS S. 24---eviction of tenant---Interlocutory order---Petitioner was tenant of respondent who was sent a notice to evict property on grounds of personal needs and unauthorized alterations to subject property by the tenant---Plea raised by petitioner was that he was not allowed to present additional documents before authorities despite ther

2020 MLD 7 KARACHI-HIGH-COURT-SINDH

Sindh · 2020

ABDUL HAFEEZ VS MOHAMMAD YOUSUF S. 15---Constitution of Pakistan, Art. 23---Constitutional petition---Ejectment of tenant---Bona fide personal need of landlord---Proof---Rent Controller passed order for eviction of tenant on the ground of bona fide personal need of landlord but Appellate Court set aside the said order---Validity---Landlord had right to acquire and deal with the property in

2020 CLC 60 KARACHI-HIGH-COURT-SINDH

Sindh · 2020

SULTAN-UL-ULOOM, MIR USMAN ALI KHAN ACADEMY VS ANIS-UR-REHMAN S.15(3)---eviction of the tenant on both the grounds of personal requirement and reconstruction in same proceedings would not be illegal as the said two grounds are not mutually destructive.

2020 CLC 60 KARACHI-HIGH-COURT-SINDH

Sindh · 2020

SULTAN-UL-ULOOM, MIR USMAN ALI KHAN ACADEMY VS ANIS-UR-REHMAN S.15(3)----eviction petition---Grounds being reconstruction of premises and bona fide personal need of landlord---Right of tenant after reconstruction of building---Rent Controller ordered eviction---Appellate Court maintained order of eviction with directions to the landlord to demolish building within three months, erect the ne

2020 YLRN 131 KARACHI-HIGH-COURT-SINDH

Sindh · 2020

BARKAT ALI VS Mst. NASEEM Ss. 3, 4 & 7(1)---Prevention of illegal dispossession of property---Restoration of possession--- Appreciation of evidence---Complainant/respondents purchased the disputed plot on which the accused persons/ appellant party was in illegal possession and also harassing the complainant party/ respondents---Complainant party/respondents filed civil suit against the appl

2020 CLCN 38 KARACHI-HIGH-COURT-SINDH

Sindh · 2020

UNITED BANK LIMITED VS MOHAMMAD SIDDIQ BAWA GADIT Ss. 15, 10 & 16---Ejectment of tenant---Default in payment of rent--Arrears of rent, payment of---Requirements---Tentative rent---Non-payment of---Effect---eviction petition was accepted by the Rent Controller but Appellate Court dismissed the same---Validity---Rent Controller passed order for payment of arrears of rent but tenants had faile

2020 CLCN 29 KARACHI-HIGH-COURT-SINDH

Sindh · 2020

SHAFIQ-UD-DIN VS Mst. SHAHIDA GHAZAL S. 15---Ejectment of tenant---Denial of relationship of landlord and tenant---Default in payment of rent---Bona fide personal need of landlord---eviction petition was accepted concurrently---Validity---Relationship of landlady and tenant existed between the parties---Tenant had committed default in payment of rent---Concurrent findings recorded by the Co

2020 YLR 2269 ISLAMABAD

ICT · 2020

UMER TANVEER BUTT VS MUHAMMAD IBRAHIM Ss. 17, 2(j) & 5---Ejectment of tenant---Denial of relationship of landlord and tenant---Lease agreement---Onus to prove---Claim of sale agreement by tenant in his favour---Scope---Ex-parte proceedings having been set aside---Effect---Document produced as "mark" by the party---Evidentiary value---Provisions of Qanun-e-Shahadat and Civil Procedure Code,

2020 YLR 1469 ISLAMABAD

ICT · 2020

NOOR AHMED ZEESHAN VS Ch. ABDUL RAUF S. 17---Ejectment of tenant---Default in payment of rent---Bona fide personal need of landlord---Scope---eviction petition was accepted on the grounds of default in payment of rent and personal need of landlord---Validity---Tenant dispatched rent through money order but same was late for two months due to which landlord did not receive the same---Tenant

2020 YLR 932 ISLAMABAD

ICT · 2020

MUHAMMAD AZHAR VS ADDITIONAL DISTRICT JUDGE-VII, WEST, ISLAMABAD S. 17---eviction of tenant---Bona fide need of landlord---eviction through attorney---Periodic tenancy---Petitioners were co-owners of property who filed for eviction of respondents for bona fide personal need---Contention of respondents was that they were not tenants under petitioners and that eviction was not filed properly-

2020 CLC 249 ISLAMABAD

ICT · 2020

JAHANGIR HUSSAIN VS NEGHAT REHMAN Ss. 17 & 2(g)---eviction petition by co-owner---Maintainability---Personal bona fide need of one of the landlords---Effect---Petition for eviction by co-owner was dismissed by the Courts below without recording evidence---Validity---Co-owner of rented premises had right to file eviction petition---Mere execution of lease deed by one of the co-owners by itse

2019 SCMR 842 SUPREME-COURT

Supreme Court · 2019

FAREED UD DIN MASOOD VS ADDITIONAL DISTRICT JUDGE BAHAWALPUR Ss. 15 & 16---Civil Procedure Code (V of 1908), O. I, R. 10---eviction petition---Dispute regarding ownership of property---Rent Tribunal/Controller, jurisdiction of---Scope---Any dispute with regard to the title or ownership of a property subject matter of eviction proceedings had to be determined by a court of competent jurisdic

2019 SCMR 627 SUPREME-COURT

Supreme Court · 2019

ABDUL LATIF VS PARMACIE PLUS Ss. 7(5) & 17--- eviction of tenant---Rent determined between the parties--- Scope--- Prohibition contained under S. 7(5) of the Cantonments Rent Restriction Act, 1963---Scope---Tenancy agreement was for a period of eleven months, and one of the clauses of the agreement stipulated that rent shall be increased by seven percent after every eleven months---When the

2019 YLR 2025 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2019

MUHAMMAD AZAM VS NABI BAKHSH S. 7---eviction and mode of recovery as interim relief---Scope---Petitioners assailed order of trial court whereby it allowed the application under S. 7 of Illegal Dispossession Act, 2005 and directed the petitioners to hand over peaceful possession of the disputed property---Validity---Both parties had claimed their ownership and possession over the disputed pr

2019 YLR 2025 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2019

MUHAMMAD AZAM VS NABI BAKHSH S. 7---eviction and mode of recovery of property as interim relief---Scope---Scope of S. 7, Illegal Dispossession Act, 2005 was limited and the court had to form its opinion tentatively without touching the merits of the case.

2019 PLD 113 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2019

DAWOOD KHAN VS SULTAN MUHAMMAD Ss. 13 & 13-A---Ejectment of tenant---Change of ownership---Denial of relationship of landlord and tenant by the tenant---Default in payment of rent---Effect---eviction petition was dismissed on the ground that petitioner had failed to prove relationship of landlord and tenant---Validity---Demised premises had been mutated in favour of petitioner and other leg

2019 YLR 943 PESHAWAR-HIGH-COURT

KPK · 2019

HAMAYUN KHAN VS Raja MUHAMMAD AYAZ O. XXI, R. 99---Cantonments Rent Restriction Act (XI of 1963), S. 17---eviction of tenant---Execution petition---Objections---Matter decided without affording opportunity of hearing---Natural justice, principles of---Applicability---Objection petition was filed but same was dismissed by the Executing Court---Appellate Court accepted the appeal and remanded

2019 YLR 757 PESHAWAR-HIGH-COURT

KPK · 2019

Syed NAEEM SHAH VS Khawaja ZAHOOR IQBAL S. 13---Ejectment of tenant---Default in payment of rent---Striking off defence---Recovery of defaulted rent---Procedure---Rent Controller passed order for deposit of monthly rent before 15th of each month---Tenant did not cross-examine the witnesses and his defence was struck-off---Rent Controller accepted eviction petition on the ground of default a

2019 MLD 1991 PESHAWAR-HIGH-COURT

KPK · 2019

GUL SHER ABAT KHAN VS MUMTAZ ALI KHAN S. 13(6)---eviction petition---Tentative rent order---Scope---Rent Controller, after receiving written reply would pass an order for deposit of tentative rent by the tenant but if the tenant makes default in the compliance of such order his defence shall be struck off and the landlord shall be put into possession without further proceedings.

2019 MLD 1991 PESHAWAR-HIGH-COURT

KPK · 2019

GUL SHER ABAT KHAN VS MUMTAZ ALI KHAN S. 13---Qanun-e-Shahadat (10 of 1984), Art. 115---eviction petition---Bona fide personal need of landlord---Default in payment of rent---Denial of relationship of landlord and tenant by tenant---Scope---Respondents/landlords filed ejectment petition wherein they had claimed that tenant had committed default in payment of monthly rent and that the suit s

2019 PLD 227 PESHAWAR-HIGH-COURT

KPK · 2019

ASLAM KHAN VS FAWAD AKHTAR S. 13---Ejectment of tenant---Expiry of rent agreement---"Acceptance by silence", doctrine of---Applicability---eviction petition was accepted on the ground of expiry of rent agreement---Validity---Relationship of landlord and tenant existed between the parties---Tenant was occupying the demised premises on the strength of rent agreement---Said agreement was for o

2019 PLD 363 LAHORE-HIGH-COURT-LAHORE

Punjab · 2019

ASAD ALI KHAN VS SPECIAL JUDGE RENT S. 15---eviction petition---Tenancy agreement, expiry of---Oral tenancy---Ejectment of tenant---Where period of tenancy had expired, the tenant who relied upon its extension had to establish through cogent evidence the time period for which it had been extended otherwise oral extension would tantamount to extension of one month only and such tenancy had t

2019 PLD 363 LAHORE-HIGH-COURT-LAHORE

Punjab · 2019

ASAD ALI KHAN VS SPECIAL JUDGE RENT Ss. 15 & 2(e)---eviction petition---'Pagri', determination of---Expiry of lease agreement---Oral tenancy---Initial period of tenancy was for 11 months which was extendable by mutual consent of the parties-Tenant claimed that tenancy was orally extended for unlimited period and he had paid 'pagri' for the same---Rent Tribunal ordered for eviction of tenant

2019 CLC 1405 LAHORE-HIGH-COURT-LAHORE

Punjab · 2019

MUHAMMAD ARIF VS MEMBER, BOARD OF REVENUE PUNJAB LAHORE Ss. 117, 175 & 3---Power of Revenue Officer to define boundaries---Prevention of encroachment upon common lands---Exclusion of land occupied as site of a town or village from operation of Punjab Land Revenue Act, 1967---Scope---Respondent filed application for demarcation of public thoroughfare, which was carried out and ultimately pet

2019 CLC 1405 LAHORE-HIGH-COURT-LAHORE

Punjab · 2019

MUHAMMAD ARIF VS MEMBER, BOARD OF REVENUE PUNJAB LAHORE S. 175---Prevention of encroachment upon common lands---Scope---Section 175, Punjab Land Revenue Act, 1967 provides procedure for eviction of an encroacher over the land reserved for common purposes irrespective of the fact that a building has been erected thereupon.

2019 MLD 2095 LAHORE-HIGH-COURT-LAHORE

Punjab · 2019

SHERAZ PERVAIZ MUSTAFA VS The SPECIAL JUDGE (RENT), LAHORE Ss. 5, 8, 9, 19 & 21---Ejectment of tenant---Tenancy being oral---Payment of fine---Effect---Ex-parte proceedings---Scope---Petition for leave to contest was dismissed and eviction petition was accepted ex-parte---Validity---Payment of fine would authorize the Rent Tribunal only to entertain an eviction petition---Mere entertainment

2019 YLR 2846 KARACHI-HIGH-COURT-SINDH

Sindh · 2019

ZAHID HUSSAIN VS SALEEM YOUSUF Ss.16, 15 & 10---eviction of tenant---Non-compliance of tentative rent order---Default in payment of future monthly rent---Scope---Rent Controller, on the application of petitioner/landlord, passed tentative rent order for payment of arrears of rent as well for next (coming ) three months and subsequently struck off defence of tenant (respondent ) for non-comp

2019 YLR 2500 KARACHI-HIGH-COURT-SINDH

Sindh · 2019

CAPRI AUTOS, NMOTORCYCLE DEALERS VS Dr. MASUMA HASAN Ss. 15 & 18---eviction petition---Default in payment of rent---Denial of relationship of landlord and tenant---Deposit of rent in court---Notice of change in ownership, service of---Scope---Landlord while claiming default in payment of rent asserted that the tenant was inducted in the premises by previous tenant and that he was a trespass

2019 YLR 2013 KARACHI-HIGH-COURT-SINDH

Sindh · 2019

Chaudhary MUHAMMAD SALEEM VS Vth ADDITIONAL DISTRICT JUDGE, KARACHI (SOUTH) Ss. 15 & 16---eviction petition---Denial of relationship of landlord and tenant by tenant---Non-compliance of tentative rent order---Effect---Petitioner/ landlord assailed the order of Appellate Court whereby while allowing the appeal of tenant it had set aside the orders passed by Rent Controller---Contention of te

2019 YLR 2013 KARACHI-HIGH-COURT-SINDH

Sindh · 2019

Chaudhary MUHAMMAD SALEEM VS Vth ADDITIONAL DISTRICT JUDGE, KARACHI (SOUTH) S. 15---eviction petition---Denial of relationship of landlord and tenant by tenant---Scope---Where tenant asserts that he is no more a tenant as he has purchased the property, even then he has to vacate the property and file a suit for specific performance of the sale agreement---Tenant would be entitled to possess

2019 YLR 2013 KARACHI-HIGH-COURT-SINDH

Sindh · 2019

Chaudhary MUHAMMAD SALEEM VS Vth ADDITIONAL DISTRICT JUDGE, KARACHI (SOUTH) S. 15---eviction petition---Denial of relationship of landlord and tenant by tenant---Scope---Landlord would be entitled to recover rent till the time civil court passes a decree against the landlord in a suit for specific performance.

2019 YLR 1817 KARACHI-HIGH-COURT-SINDH

Sindh · 2019

Mst. ZULEKHA KHANUM VS PERVAIZ AKHTER S. 15---eviction petition---Terms of tenancy agreement to continue after its expiration--- Scope--- Even after expiration of the period of tenancy stipulated in the agreement, the terms and conditions between the parties regarding the mode and time of payment of rent were to continue to remain in force---Where the parties had mutually agreed for advance

2019 YLR 1817 KARACHI-HIGH-COURT-SINDH

Sindh · 2019

Mst. ZULEKHA KHANUM VS PERVAIZ AKHTER S. 15---eviction petition---Default in payment of rent---Accumulated rent---Scope---Landlady sought eviction of tenant on the ground of default in payment of rent---Plea of tenant was that he used to pay accumulated rent for several months to the landlady through rent collector who, despite his repeated requests, did not come to collect the rent for the

2019 YLR 1763 KARACHI-HIGH-COURT-SINDH

Sindh · 2019

MUHAMMAD AKBAR ALI VS Mst. FATIMA BIBI S. 15---Ejectment of tenant---Sale agreement in favour of tenant---Effect---Contention of tenant was that she had sale agreement of demised premises in her favour---eviction petition was accepted by the Rent Controller but same was dismissed by the Appellate Court---Validity---Rent Controller could not adjudicate the dispute with regard to title of dem

2019 PLD 559 KARACHI-HIGH-COURT-SINDH

Sindh · 2019

FAIZAN SHABBIR VS Shaikh ABDUL WAHAB S. 15(2)(ii)--- eviction of tenant---Ground of default in payment of rent by the tenant---When available---Parties had agreed that monthly rent shall be payable by the tenant in advance on the 5th day of each calendar month---Obligation of tenant---Principals.

2019 PLD 559 KARACHI-HIGH-COURT-SINDH

Sindh · 2019

FAIZAN SHABBIR VS Shaikh ABDUL WAHAB S. 15---eviction of tenant---Ground of bona fide personal need of landlord---Landlord had failed to plead ground of personal need in the eviction application---Effect---Landlord, in circumstances, was not entitled to raise such ground for the first time in his evidence---Case set up in the pleadings could not be improved at the stage of evidence.

2019 YLR 1690 KARACHI-HIGH-COURT-SINDH

Sindh · 2019

MUHAMMAD AAMIR MALIK VS Mrs. AFSHAN ATEEQ Ss. 17(9) & 24---eviction of tenant--- Terms of tenancy agreement that preference was to be given to tenant in case of selling rented premises by the landlord--- Scope--- Additional Rent Controller passed tentative rent order whereby tenant was to deposit future monthly rent but he did not comply with the said order---Appellant/tenant contended that

2019 YLR 1301 KARACHI-HIGH-COURT-SINDH

Sindh · 2019

Mst. MEHRUNISA VS MUHAMMAD ASLAM PARACHA S. 17---eviction of tenant---Personal bona fide need of landlord---Scope---Amount deposited as Pagri by the tenant---Effect---Petitioner/lady tenant contended that respondent was not co-owner of the property where the rented premises (flat ) was situated which fact was upheld by the Supreme Court in an earlier dispute between the parties---Validity--

2019 YLR 1181 KARACHI-HIGH-COURT-SINDH

Sindh · 2019

MUHAMMAD DIN VS Mst. KAUSAR JEHAN Ss. 2(f), 15 & 18----eviction of tenant---Denial of relationship of landlord and tenant by the tenant---Legal status of the eviction petitioner objected by the tenant---Scope---eviction petition---Maintainability---Words "owner" and "entitled to receive" in S.2(f), Sindh rented Premises Ordinance, 1979---Scope---Petitioner/tenant contended that respondent(l

2019 YLR 1126 KARACHI-HIGH-COURT-SINDH

Sindh · 2019

MUHAMMAD AHSAN VS SHAHID KHAN YOUSUFZAI S. 17---eviction of tenant---Wilful default---Denial of relationship of landlord and tenant by tenant---Scope---Evaluation of the evidence adduced by the parties where tenant simply denied the relationship--- Scope--- Petitioner/ landlord contended that he was absolute and exclusive owner of two shops (rented premises) which were let out to the respon

2019 YLR 966 KARACHI-HIGH-COURT-SINDH

Sindh · 2019

PHARMACIE PLUS through Group Administration Head VS ABDUL LATIF Ss. 7, 8, 17 & 24--Sindh Rented Premises Ordinance (XVII of 1979), S. 8---eviction of tenant---Fair rent---Scope---Terms of agreement not in consonance with the prevalent law---Effect--- Enhancement/increase in monthly rent during/expiry of the tenancy---Scope---Question was as to whether law prohibited parties to re-determine

2019 YLR 715 KARACHI-HIGH-COURT-SINDH

Sindh · 2019

MUHAMMAD IQBAL MEMON VS Mst. AZRA BANO S. 15(2)(ii)---eviction petition---Non-admission of default in payment of rent on the first date of hearing by the tenant---Effect--- Tenant could not claim benefit of S.15(2)(ii) of Sindh Rented Premises Ordinance, 1979 where he had failed to admit such default on the very first date of hearing.

2019 YLR 715 KARACHI-HIGH-COURT-SINDH

Sindh · 2019

MUHAMMAD IQBAL MEMON VS Mst. AZRA BANO S.15---Constitution of Pakistan, Art.199---Constitutional petition---Certiorari, writ of---Scope---eviction of tenant---High Court could interfere in such matters in cases where findings were based on non-reading or misreading of evidence, erroneous assumption of facts, misapplication of law, excess or abuse of jurisdiction or arbitrary exercise of pow

2019 YLR 313 KARACHI-HIGH-COURT-SINDH

Sindh · 2019

ASLAM PERVEZ VS MADARSA ANWARUL ISLAM GHOUSIA FARIDIA (REGD.) NOOR MASJID GHOTKI Ss. 15, 16 & 21---eviction petition---Denial of relationship of landlord and tenant---Rent Controller passed tentative rent order directing the tenant to deposit arrears and future rent---Appeal against interim order---Scope---Petitioner/tenant contended that, in absence of remedy of appeal against interim orde

2019 PCrLJ 1023 KARACHI-HIGH-COURT-SINDH

Sindh · 2019

ATTA RASOOL VS Haji MUHAMMAD RAFIQUE S. 7---eviction and mode of recovery as an interim relief---Trial Court allowed application filed by complainant, under S.7 of Illegal Dispossession Act, 2005, directing applicants/alleged illegal occupants to put the complainant in physical possession of subject property---Applicants had assailed said order---Validity---Prima facie, applicants had faile

2019 CLC 2008 KARACHI-HIGH-COURT-SINDH

Sindh · 2019

SOHAIL VS KAMRAN SIDDIQUI Ss.2(g) & 15(2)(vii)---eviction of tenant---Bona fide personal need of brother of landlord---Landlord sought eviction of tenant from his shop on plea of bona fide personal need by his brother---Rent Controller dismissed eviction application but same was allowed by Lower Appellate Court---Validity---Landlord was not entitled to claim demised premises for his brother

2019 CLC 2008 KARACHI-HIGH-COURT-SINDH

Sindh · 2019

SOHAIL VS KAMRAN SIDDIQUI S.15(2)(vii)---eviction of tenant---Plea of bona fide personal need---Onus to prove---Burden is squarely on landlord to prove that demised premises is required by him in good faith and personal need pleaded by him is genuine and bona fide.

2019 CLC 1774 KARACHI-HIGH-COURT-SINDH

Sindh · 2019

CUSTOM PUBLIC SCHOOL VS AFTAB AHMED Ss.15 & 21---Limitation Act (IX of 1908), S.5---eviction of tenant---Condonation of delay in filing appeal---Scope---Petitioner/tenant filed appeal along with an application under S.5 of the Limitation Act, 1908 for condoning the delay---Only ground urged by the petitioner before the appellate Court was that his attorney fell sick due to which he was advi

2019 CLC 1557 KARACHI-HIGH-COURT-SINDH

Sindh · 2019

SHAMIM BEGUM VS AZIZUL HASAN KHAN Ss. 15 & 18---Ejectment of tenant---Change of ownership---Denial of relationship of landlord and tenant by the tenant---Default in payment of rent---Expression "or by such other mode" in S.18, Sindh Rented Premises Ordinance, 1979---Scope---Agreement of sale---Scope---Landlord purchased demised premises through sale agreement and requested the tenant for pa

2019 CLC 1410 KARACHI-HIGH-COURT-SINDH

Sindh · 2019

MUHAMMAD AFSAR VS MUHAMMAD ANWAR S.15---Civil Procedure Code (V of 1908), O.XLI, R. 27---Ejectment application---Denial of tenancy by the occupant/tenant---Pendency of civil suit---Non-production of proof of entitlement by tenant---Effect---Non-disposal of application for additional evidence under O. XLI, R.27, C.P.C. by the Appellate Court---Legality---Petitioner/landlord contended that Ap

2019 MLD 1840 KARACHI-HIGH-COURT-SINDH

Sindh · 2019

GHULAM HYDER VS CHUTTAL KHAN Ss. 3 & 7---Prevention of illegal possession of property---eviction and mode of recovery of possession as interim relief---Scope---Complainant, in order to avail the benefit of S. 3 of Illegal Dispossession Act, 2005 has to prima facie establish before the court that he is lawful owner or was occupier of the subject property; that accused had entered into or upo

2019 MLD 1840 KARACHI-HIGH-COURT-SINDH

Sindh · 2019

GHULAM HYDER VS CHUTTAL KHAN Ss. 7 & 2(c)---eviction and mode of recovery of possession as interim relief---"Occupier"---Scope---Applicants sought restoration of possession as interim relief in their respective complaints under Illegal Dispossession Act, 2005---Trial court had dismissed the respective applications for restoration of possession---Validity--- Prima facie, the possession of th

2019 MLD 1625 KARACHI-HIGH-COURT-SINDH

Sindh · 2019

HAIDER ALI RAVJANI VS GULZAR FEROZ Ss. 17(6)(9) & 24---eviction of tenant---Wilful default in payment of monthly rent---Personal bona fide need---Scope---Appellant/landlord contended that Additional Rent Controller had wrongly dismissed his eviction application by holding that he (landlord) was very much confused to specify particular ground on which he wanted to evict the tenant/respondent

2019 CLC 1266 KARACHI-HIGH-COURT-SINDH

Sindh · 2019

SALIM AHMED VS NASIM IMTIAZ Ss. 15 & 21---Constitution of Pakistan, Arts. 4 & 23---eviction of tenant---Bona fide personal need of landlord for business---Scope---Invocation of extra-ordinary constitutional jurisdiction of High Court after availing remedy provided under the relevant-law---Scope---Petitioner/tenant contended that respondent/landlord also owned other properties, through inher

2019 CLC 1063 KARACHI-HIGH-COURT-SINDH

Sindh · 2019

MAKHDOOM HUSSAM-UL-HAQ VS Syed GHULAM MOHIUDDIN S.15---Civil Procedure Code (V of 1908 ), O. XLI, Rr. 25/27----eviction of tenant---Personal bona fide need of landlord for his son---Scope---Powers of Appellate Court to remand the case---Scope ---Appellate Court remanded the case for adducing evidence of the son of the landlord for whom the rented premised was required---Petitioner/landlord

2019 CLC 687 KARACHI-HIGH-COURT-SINDH

Sindh · 2019

Mst. FARZANA JAVED VS Mst. NIGHAT SULTANA S.15---eviction petition---Personal bona fide need of landlady---Choice of landlord---Even if more than one premises were available with the landlord and he/she chose to occupy for personal need a particular one, the tenant had no right to challenge such choice of the landlord.

2019 CLC 687 KARACHI-HIGH-COURT-SINDH

Sindh · 2019

Mst. FARZANA JAVED VS Mst. NIGHAT SULTANA ----S.15---eviction petition---Default in payment of rent---Personal bona fide need of landlady---Scope---Trial Court dismissed the petition holding that landlady had failed to prove her personal need of the rented premises---Trial Court did not decide the issue of default on the ground that it was not agitated by her counsel at the time of final ar

2019 PLC 249 KARACHI-HIGH-COURT-SINDH

Sindh · 2019

RASHID HUSSAIN VS PTCL S.16---Employees of Pakistan Telecommunication Company Limited having opted Voluntary Separation Scheme---eviction from residential accommodation---Scope---Company filed complaint against the employees for their eviction from the residential accommodation which was accepted---Validity---Employees had accepted the severance of their ties with the company by opting sett

2019 CLC 85 KARACHI-HIGH-COURT-SINDH

Sindh · 2019

AMIR VS NASIR AHMED S.15---eviction petition---Wilful default---Tenant denied relationship of landlord and tenant---Scope---Pendency of suit for specific performance of agreement to sell regarding the subject premises---Effect---Rent Controller---Jurisdiction---Scope---Petitioner / tenant contended that till final decision of pending civil suit, Rent Controller had no jurisdiction to entert

2019 PLC(CS) 594 KARACHI-HIGH-COURT-SINDH

Sindh · 2019

MUHAMMAD TARIQ QASMI VS FEDERATION OF PAKISTAN R. 15---Policy Governing Allotment of Residential Accommodation (Meant for Secretariat Employees) at Karachi by Estate Office, SGA&CD dated 22-05-1999, Paras. 7, 13, 24 & 26---General Clauses Act (X of 1897), S. 24-A---Constitution of Pakistan, Art. 10-A---Government residence---Unlawful occupation---Ejectment---Petitioners were residents of go

2019 PLD 18 KARACHI-HIGH-COURT-SINDH

Sindh · 2019

WILLAYAT ALI VS NAHEED HUSSAIN Ss. 15(2)(vii) & 2(g)---Constitution of Pakistan, Arts. 23, 24 & 199---eviction of tenant---Personal bona fide need for a family member of the landlord---Scope---Denial of relationship of landlord and tenant---Petitioner/landlord contended that both the Courts below had wrongly declined his claim of personal bona fide need, merely on the ground that he failed

2019 CLCN 65 KARACHI-HIGH-COURT-SINDH

Sindh · 2019

MUHAMMAD MUZAMMIL VS Khawaja MUKHTIAR ALI S. 15---Civil Procedure Code (V of 1908), S. 12(2)---eviction petition---Tenant claiming adverse title---Abuse of process of court---Scope---eviction petition filed by landlord was allowed and the said order was maintained up to High Court---Tenant, in execution proceedings, filed an application under S. 12(2), C.P.C. wherein he claimed that the att

2019 CLCN 65 KARACHI-HIGH-COURT-SINDH

Sindh · 2019

MUHAMMAD MUZAMMIL VS Khawaja MUKHTIAR ALI S. 15---eviction petition---Adverse title, claim of---Scope---Tenant cannot defeat the order of Rent Controller by claiming title adverse to the title of landlord who has put him in possession of demised premises as tenant. [Para. 7 of the judgment]

2019 CLCN 25 KARACHI-HIGH-COURT-SINDH

Sindh · 2019

MUHAMMAD AKRAM VS SHRI MAHANT BABOO LALGIR MAHRAJ Ss. 15, 18, 20 & 21---Ejectment of tenant---Change of ownership on the basis of decree of the Court---Denial of relationship of landlord and tenant by the tenant---Default in payment of rent---Expression "or by such other mode" in S. 18 of the Ordinance---Scope---Dispute of title or ownership---Determination of---Procedure---Landlord became

2019 CLCN 22 KARACHI-HIGH-COURT-SINDH

Sindh · 2019

SULTAN TEXTILE MILLS (PVT.) LTD. VS STATE LIFE INSURANCE CORPORATION OF PAKISTAN S. 15---Ejectment of tenant---Default in payment of rent---Payment of cumulative rent in lump-sum---Effect---Plea of tenant was that defaulted amount had been paid to the landlord---eviction petition was allowed on the ground of default in payment of rent---Validity---Tenant was bound to pay rent regularly on m

2019 CLCN 9 KARACHI-HIGH-COURT-SINDH

Sindh · 2019

MUHAMMAD FAROOQUE AQEEL AKBER VS JAVED AHMED Ss. 15 & 18---Qanun-e-Shahadat (10 of 1984), Art. 115---eviction of tenant---Wilful default--- Denial of relationship of landlord and tenant by tenant---Estoppel---Scope---Petitioner/tenant contended that he had purchased the demised shop from the previous owner---Respondent contended that he sent notice under S. 18 of the Sindh Rented Premises O

2019 YLR 2894 ISLAMABAD

ICT · 2019

YASIN KHAN VS ADDITIONAL DISTRICT JUDGE NO.VII, DISTRICT JUDGE WEST, ISLAMABAD S. 17---eviction of tenant---Denial of relationship of landlord and tenant by the tenant---Landlord having Iqrarnama of demised premises---Dispute of title---Rent Controller, jurisdiction of---eviction petition was dismissed on the ground that relationship of landlord and tenant did not exist between the parties-

2019 YLR 2596 ISLAMABAD

ICT · 2019

HAYAT ULLAH BARKI VS ADDITIONAL DISTRICT JUDGE, WEST, ISLAMABAD Ss. 17(8) & 17(9)---Ejectment of tenant---Arrears of rent, non-payment of---Effect---Rent Controller passed order for deposit of arrears of rent but same were not deposited and eviction petition was accepted---Validity---Tenant had not deposited arrears of rent and Rent Controller was left with no discretion but to pass an orde

2019 YLR 902 ISLAMABAD

ICT · 2019

ASAD AMIN VS NOOR HUSSAIN Ss. 15 & 17---eviction petition---Default in payment of rent---Failure of landlord to make necessary repairs---Unilateral deduction of rent in lieu of repairs carried out by tenant---Effect---Landlord filed eviction petition on the ground of default in payment of rent and expiry of lease agreement---Rent Controller directed the tenant to deposit outstanding rent---

2019 MLD 590 ISLAMABAD

ICT · 2019

SHUJA AHMED VS ADDITIONAL DISTRICT JUDGE (WEST), ISLAMABAD Ss. 17, 24 & 25 (3)---Islamabad Residential Sectors Zoning (Building Control) Regulations, 2005, Cl. 2.17.3---Capital Development Authority Ordinance (XXIII of 1960), S. 49-C---Ejectment of tenant---Lease agreement, violation of---Expression "inquiry"---Scope---eviction petition was moved on the ground of violation of lease agreemen

2019 CLC 985 ISLAMABAD

ICT · 2019

SAEED MUSHTAQ ABBASI VS ABDUL RAUF SABIR S. 17---eviction petition---Defence, striking off---Failure to deposit rent---Expression "the monthly rent which subsequently becomes due", occurring in S. 17(8) of the Islamabad Rent Restriction Ordinance, 2001---Connotation---Tenant assailed the order of striking of defence for the delay in depositing the rent for the month of February---Plea of te

2019 CLC 985 ISLAMABAD

ICT · 2019

SAEED MUSHTAQ ABBASI VS ABDUL RAUF SABIR S. 17---eviction petition---Initial steps to be taken by Rent Controller, enumerated.

2019 CLCN 44 ISLAMABAD

ICT · 2019

AHMAD NADEEM ABBASI VS Chaudhry MUHAMMAD ISHAQ S. 17(2)(9)---Ejectment petition by the co-owner---Maintainability---Tentative rent---Non-payment of---Effect---Rent Controller passed order for deposit of tentative and future rent---Tenant did not deposit tentative rent and eviction petition was accepted---Contention of tenant was that ejectment petition had been signed by only one (eviction)

2018 SCMR 1720 SUPREME-COURT

Supreme Court · 2018

Syed ASGHAR HUSSAIN VS MUHAMMAD OWAIS Ss. 16(1) & 16(2)---eviction petition---Tenant failing to deposit arrears of rent---Striking off defence of tenant---Tenant choose not to comply with the tentative rent order by the Rent Controller---Supreme Court observed best course for the tenant could have been to comply with the tentative rent order under S. 16(1) of the Sindh Rented Premises Ordin

2018 SCMR 1586 SUPREME-COURT

Supreme Court · 2018

Haji BAZ MUHAMMAD KHAN VS NOOR ALI S. 12---Contract Act (IX of 1872), S. 62---Suit for specific performance of agreement to sell---Maintainability---Novation agreement---Landlord and tenant entered into an oral agreement to sell the subject property---Tenant failed to pay the balance sale consideration within the stipulated time, whereafter the matter was referred to arbitration---Arbitrato

2018 PLD 81 SUPREME-COURT

Supreme Court · 2018

WAQAR ZAFAR BAKHTAWARI VS Haji MAZHAR HUSSAIN SHAH 2004 SCMR 456, 2005 CLC 1119, 2005 SCMR 1166, 2009 SCMR 846, 2015 MLD 1740, 2015 SCMR 1494, 2016 CLC 1051, 2016 CLC 1850, 2016 MLD 103, 2017 SCMR 330, PLD 1988 SC 190, PLD 2005 SC 530, PLD 2008 SC 779, PLD 2013 SC 775, PLD 2016 SC 730, PLD 2017 SC 99, Ss. 6 & 17(2)(ii)(b)---eviction of tenant---Grounds---Expiry of tenancy period---After ex

2018 SCMR 443 SUPREME-COURT

Supreme Court · 2018

STATE LIFE INSURANCE CORPORATION OF PAKISTAN VS SAMI-UR-REHMAN S. 15(2)(iii)(a)---Ejectment of tenant---Grounds---'Handing over of possession' of rented premises to some other person without consent of landlord---Scope---Contention of landlord was that tenant was liable for ejectment for "handing over of possession to some other person " as according to the landlord the tenant without the w

2018 PLD 828 SUPREME-COURT

Supreme Court · 2018

TRADING CORPORATION OF PAKISTAN VS DEVAN SUGAR MILLS LIMITED 1992 SCMR 1908, PLD 1988 SC 221, Ss. 11, 12(2), 47, O.IX, R. 13, O. XXI, Rr. 99, 100, 101, 102 & 103---Cantonments Rent Restriction Act (XI of 1963), S. 24---Execution of ejectment order---Tenant seeking successive remedies against the same impugned order on substantially same set of facts and pleadings---For a tenant confronted

2018 YLR 1240 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2018

SAIFULLAH VS NIAMATULLAH 1980 SCMR 593, 1992 SCMR 1170, 1996 SCMR 1178, 2000 SCMR 1292, 2000 SCMR 903, 2012 SCMR 854, PLD 1982 SC 218, S. 13---Ejectment of tenant---Bona fide personal need of landlord---Denial of relationship of landlord and tenant by the tenant---Scope---Landlords were owners of demised premises---Question of title had no relevance in the proceedings before the Rent Contr

2018 MLD 1466 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2018

GHULAM FAROOQ VS DOLAT KHAN S. 13---Ejectment of tenant---Denial of relationship of landlord and tenant by tenant---Scope---Contention of tenant was that he had purchased the demised premises from the brother of landlord through an agreement---eviction petition was dismissed for lack of relationship of landlord and tenant between the parties---Validity---Tenant had failed to establish the a

2018 CLC 459 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2018

Haji ABDUL WAHID VS ABDULLAH 1990 SCMR 751, 1991 SCMR 525, 1993 CLC 2478, 1995 SCMR 500, O. II, R. 2---Specific Relief Act (I of 1877), S.54---Suit (earlier) for recovery of mesne profit and mandatory injuntion after dismissal of eviction petition---Subsequent suit for ejectment from the premises---Relationship between the parties for ejectment proceedings being of partners in a business--

2018 MLD 485 PESHAWAR-HIGH-COURT

KPK · 2018

MALAK ABDULLAH KHAN VS MUHAMMAD RASOOL KHAN 1998 SCMR 2119, 2011 CLC 717, 2013 CLC 562, PLD 2007 SC 45, PLD 2009 SC 453, S. 15---eviction of tenant---Second appeal---Scope---Findings of facts arrived at by the Courts below could be disturbed in second appeal only if they were found to be perverse and not based on record.

2018 MLD 485 PESHAWAR-HIGH-COURT

KPK · 2018

MALAK ABDULLAH KHAN VS MUHAMMAD RASOOL KHAN 2011 CLC 717, 2013 CLC 562, PLD 2007 SC 45, PLD 2009 SC 453, S. 13---Ejectment of tenant---Default in payment of rent---Bona fide personal need of landlord---Scope---Landlord was duly cross-examined but no doubt or mala fide in the grounds so raised in the eviction petition were noticed---Genuineness of ground of personal need of landlord could n

2018 YLRN 252 PESHAWAR-HIGH-COURT

KPK · 2018

NOOR-UR-REHMAN VS FAISAL KAMAL S. 13--- eviction petition--- Wilful default---Scope---Delay in compliance of tentative rent order---Striking off defence---Scope---Petitioner/ tenant referred Medical certificates regarding his ailment for the first time before the High Court---Effect---Tenant contended that he was ill so he submitted application to deposit rent with the delay of three days i

2018 CLCN 96 PESHAWAR-HIGH-COURT

KPK · 2018

ALI HASSAN VS AMIN ULLAH 1992 SCMR 1170, 1992 SCMR 1290, 2003 SCMR 1476, PLD 1984 SC 17, PLD 1991 SC 242, PLD 1992 SC 401, PLD 2009 SC 453, S. 13---eviction petition---Denial of relationship of landlord and tenant---Willful default by tenants---Scope---Pendency of suit for specific performance filed by tenants---Effect---Bona fide personal need---Scope---Non-mentioning of version alleged b

2018 CLCN 89 PESHAWAR-HIGH-COURT

KPK · 2018

ABDUR REHMAN VS Rana FEROZ UD DIN 2017 MLD 605, S. 13(4)--- eviction of tenant---Personal bona fide need of landlord---Scope---Non-appearance of son of landlord (for whom premises was needed) as witness---Effect---Availability of other shops owned by landlord---Effect---Petitioner/tenant contended that son of landlord, for whom personal need was claimed, was not produced in evidence before

2018 YLR 1818 LAHORE-HIGH-COURT-LAHORE

Punjab · 2018

MUHAMMAD MUJAHID FAREED VS ADDITIONAL DISTRICT JUDGE Ss. 15, 22 & 13(1)(f)---Ejectment of tenant---Default in payment of rent and structural change by tenant in the demised premises without consent of landlord---Effect---Oral tenancy---Scope---eviction petition was allowed and application for leave to contest was dismissed---Contention of tenant was that he was regularly paying rent to the

2018 YLR 759 LAHORE-HIGH-COURT-LAHORE

Punjab · 2018

Sh. TAUSEEF HUSSAIN VS ADDITIONAL DISTRICT JUDGE 2015 YLR 1617, S.15---Ejectment petition---Dispute as to expiry of tenancy agreement between the parties---Dismissal of application of tenant for leave to contest---Scope--- Non-recording of evidence---Scope---Inconsistent pleas of landlord---Effect---Tenant contended that Rent Tribunal had wrongly rejected his application to leave to contes

2018 YLR 313 LAHORE-HIGH-COURT-LAHORE

Punjab · 2018

TARIQ SIDDIQUE VS ADDITIONAL RENT CONTROLLER S. 15---Civil Procedure Code (V of 1908), O. I, R. 10--- Constitution of Pakistan, Art.199---eviction petition---Application by respondent for impleading as party claiming such right on the basis of agreement to sell of rented premises---Entitlement---Scope---Landlord contended that respondent was not entitled to be impleaded on the basis of agre

2018 CLCN 27 LAHORE-HIGH-COURT-LAHORE

Punjab · 2018

Mst. RUBINA alias RUBI VS ADDITIONAL DISTRICT JUDGE PLD 2011 SC 512, PLD 2016 Lah. 123, PLD 2016 Lahore 123, Ss. 15, 19, 21 & 23---eviction petition---Tenant denied relationship of landlord and tenant and claimed possession of subject property on the basis of agreement to sell---Non-submission of affidavits while filing eviction petition---Effect---Pendency of suit for specific performance

2018 YLR 2337 KARACHI-HIGH-COURT-SINDH

Sindh · 2018

DEWAN SUGAR MILLS LTD. VS TRADING CORPORATION OF PAKISTAN (PVT.) LTD. 2000 CLC 414, 2003 SCMR 181, 2012 CLC 1621, 2012 SCMR 366, 2014 SCMR 322, PLD 1968 Lah. 144, PLD 1968 Lahore 144, PLD 1977 Lah. 524, PLD 1977 Lahore 524, PLD 1988 SC 163, Ss. 12(2), 47 & O. XXI, R.2---Executing Court--- Jurisdiction---Adjustment / settlement of decree---Petitioner was tenant and respondent was landlord a

2018 YLR 1664 KARACHI-HIGH-COURT-SINDH

Sindh · 2018

MUHAMMAD TAQI KHAN VS DARULULOOM QADRIA RIZVIA TRUST S. 15---eviction petition---Wilful default by tenant---Personal bona fide need of landlord---Tenant contended that amount paid as Pugri was not considered by the Rent Controller---Validity---Evidence of the landlord was consistent on the point of default and personal bona fide need and tenant could not show that the act of landlord was ta

2018 MLD 1649 KARACHI-HIGH-COURT-SINDH

Sindh · 2018

NAYAB ALI VS Mst. HAMEEDA BANO 1983 SCMR 1064, 1991 CLC 1364, 1991 SCMR 1376, 1991 SCMR 215, 2001 SCMR 338, 2013 YLR 2526, PLD 2009 SC 546, S. 15---eviction petition---Wilful default in payment of monthly rent---Pendency of civil suit for specific performance filed by the tenant---Effect---Personal bona fide need---Scope---Petitioner/tenant contended that he entered into sale agreement of

2018 MLD 976 KARACHI-HIGH-COURT-SINDH

Sindh · 2018

Mrs. ASMA MAKHDOOM VS Mrs. YASMEEN AZAM 1971 SCMR 83, 1984 CLC 2599, 1988 CLC 402, 1989 CLC 247, 1990 MLD 1164, 1991 SCMR 850, 1992 SCMR 1352, 1993 CLC 1602, 1999 MLD 1342, 2000 MLD 82, 2002 SCMR 203, 2008 CLC 87, PLD 1986 Karachi 258, PLD 2009 Karachi 268, S. 15--- Qanun-e-Shahadat (10 of 1984), Art. 115--- eviction petition---Ground of wilful default of rent---Denial of relationship of l

2018 MLD 937 KARACHI-HIGH-COURT-SINDH

Sindh · 2018

Syed IMTIAZ HUSSAIN VS ABDUL AZIZ 1985 CLC 892, 1986 CLC 1280, 1988 MLD 602, 1996 SCMR 1323, 1998 MLD 940, 2012 SCMR 1498, 2017 MLD 605, S. 15---eviction petition---Willful default---Personal bona fide need---Scope---Testimony of the landlord not rebutted---Effect---Petitioner/tenant contended that rented premises was actually required for the son of landlord which was hardly ground for ev

2018 MLD 498 KARACHI-HIGH-COURT-SINDH

Sindh · 2018

Mrs. HIFSA NAWAZ VS MUHAMMAD HAROON ZAMIR KHAN 1984 CLC 755, 1990 MLD 1009, 2006 SCMR 152, 2012 SCMR 1498, 2014 MLD 693, 2015 YLR 2683, PLD 2015 SC 33, S.15---Ejectment petition---Personal bona fide need of landlord---Landlord had withdrawn eviction petition instituted on the ground of default in monthly rent---Change of cause of action---Scope---Landlady contended that she needed demised

2018 MLD 298 KARACHI-HIGH-COURT-SINDH

Sindh · 2018

BAHADAR KHAN VS ABDUL KHALIQ Ss.2 & 15---Ejectment petition---Ground of personal bona fide need of landlord---Landlord being one of the legal heirs/co-sharers of original landowner---Entitlement of co-sharer alone to file ejectment petition---Scope---Tenant contended that ejectment petition was not maintainable as all legal heirs/co-sharers had not moved the Trial Court---Landlord contended

2018 MLD 32 KARACHI-HIGH-COURT-SINDH

Sindh · 2018

Malik MOHAMMAD RIAZ VS Mrs. FARHAT IMRANA S. 17---eviction petition---Wilful default in payment of rent by the tenants---Tenants denied relationship of landlord and tenant---Landlord moved application for payment of arrears of rent---Rent Controller passed tentative rent order and passed eviction order in the wake of failure of tenant to comply with tentative rent order---Non-compliance of

2018 CLC 1471 KARACHI-HIGH-COURT-SINDH

Sindh · 2018

Dr. MASUMA HASAN VS MUHAMMAD HAFEEZ S.15---Civil Procedural Code (V of 1908), S.12(2)---Application for setting aside eviction order---Allegation of fraud and misrepresentation against landlord---Effect---Tenant contended that the Court could not dismiss her application without framing issues and recording evidence---Landlord contended that matter had already been decided at all relevant av

2018 CLC 940 KARACHI-HIGH-COURT-SINDH

Sindh · 2018

MUHAMMAD AKRAM VS XTH ADDITIONAL DISTRICT AND SESSIONS JUDGE 1995 SCMR 1243, 1997 SCMR 1062, 1998 SCMR 2525, 1999 MLD 2989, 2004 SCMR 1640, 2010 SCMR 1925, PLD 1982 Quetta 49, PLD 2001 Karachi 238, PLD 2003 SC 277, S. 15---Ejecment application--- Appearance of landlady through attorney--- Scope--- Personal bona fide need of landlady---Scope---Petitioner/tenant contended that personal bonaf

2018 CLC 523 KARACHI-HIGH-COURT-SINDH

Sindh · 2018

AKHLAQUE AHMED SOHAIL VS MUHAMMAD YAHYA 1986 MLD 1656, 1988 CLC 1363, 1990 CLC 1224, 1990 MLD 1224, 1995 SCMR 791, 1998 CLC 298, 2012 SCMR 669, PLD 1997 Karachi 501, Ss. 17, 24, 27 & Preamble---eviction petition---Wilful default---Interlocutory order--- Appeal--- Maintainability--- Applicability of C.P.C.---Scope---Appellant/tenant contended that Rent Controller had wrongly dismissed his a

2018 CLC 31 KARACHI-HIGH-COURT-SINDH

Sindh · 2018

MUHAMMAD AIJAZ VS Mst. HANIFA ANJUM 1982 CLC 1916, 1996 MLD 853, 1996 SCMR 1178, 2010 SCMR 1925, S. 15---Second eviction petition---Res judicata, principle of---Applicability---Bona fide personal need of landlady---Scope---Contention of tenant was that landlady had created false ground of personal use of demised premises for her married daughter---Eviction petition was allowed concurrently

2018 CLCN 121 KARACHI-HIGH-COURT-SINDH

Sindh · 2018

ANTHONEY JOSEPH (LATE) VS Miss RUBINA S. 17---Cantonments Act (II of 1924), S. 126---eviction of tenant---Wilful default---Conduct of tenant before the Court---Effect---Appellant/tenant contended that eviction order against him was wrong as no proper opportunity was provided to him to lead his evidence---Respondents contended that appellant remained indolent throughout the proceedings befor

2018 CLCN 105 KARACHI-HIGH-COURT-SINDH

Sindh · 2018

Syed ASGHAR HUSSAIN VS MUHAMMAD OWAIS 1983 SCMR 1064, 1991 CLC 1830, 1994 SCMR 1012, 1994 SCMR 572, 1995 CLC 1751, 1995 MLD 303, 1996 SCMR 877, 1997 MLD 3225, 2000 YLR 1414, 2011 SCMR 1073, 2011 SCMR 320, 2017 SCMR 330, PLD 1985 SC 01, PLD 1985 SC 1, PLD 1991 SC 242, PLD 2004 Kar. 502, PLD 2005 Kar. 554, PLD 2005 Karachi 554, Ss. 15 & 16---eviction petition---Denial of relationship of land

2018 CLCN 97 KARACHI-HIGH-COURT-SINDH

Sindh · 2018

RAJALDAS GIANCHAND VS IST ADDITIONAL DISTRICT JUDGE, KARACHI, SOUTH 1995 SCMR 96, 2001 SCMR 1888, Ss. 15 & 10---eviction petition---Rent tendered through money order---Proof---Postman, production of---When necessary---Postman's endorsement that the remittance was refused by landlord and the same was not challenged or rebutted, then there was no need to call the postman as witness---If rent

2018 CLCN 97 KARACHI-HIGH-COURT-SINDH

Sindh · 2018

RAJALDAS GIANCHAND VS IST ADDITIONAL DISTRICT JUDGE, KARACHI, SOUTH Ss. 15 & 10---eviction petition---Default in payment of rent---Modes of depositing rent---Postman, non-production of---Effect---Whenever it became difficult for a tenant to approach the landlord for deposit of rent, he might adopt the alternate mode of tendering rent through money order or deposit the same in court---If the

2018 CLCN 65 KARACHI-HIGH-COURT-SINDH

Sindh · 2018

SHAKILA IFTIKHAR VS MUHAMMAD YAHYA QURESHI Ss. 42 & 54---Civil Procedure Code (V of 1908), S. 151---Suit for declaration and injunction---Administration of justice---Deposit of monthly rent--- Plaintiff and defendant were sister and brother inter se---Plaintiff claimed to be ostensible owner of suit property whereas defendant had sought ejectment of plaintiff from suit property---High Court

2018 CLCN 46 KARACHI-HIGH-COURT-SINDH

Sindh · 2018

MUHAMMAD NASEEM-UL-HAQ VS Mst. FARHAT JAMEELA S. 15--- Civil Procedure Code (V of 1908), S. 12(2)--- eviction petition---Execution proceeding---Dispute about entitlement of rented premises---Fraud and misrepresentation was alleged under S. 12(2), C.P.C. by a person who was not previously party to the eviction proceedings---Said applicant contended that he was real owner of the property in q

2018 CLCN 32 KARACHI-HIGH-COURT-SINDH

Sindh · 2018

Mst. AMNA BIBI VS PROVINCE OF SINDH through Secretary, Law and Justice Department, Karachi PLD 2006 SC 226, S. 15---Civil Procedure Code (V of 1908), S. 151---Execution proceedings--- Executing Court issued writ of possession against tenant---Tenant moved application under S. 151 of C.P.C. to recall writ of possession having been issued before expiry of time of vacation of premises as orde

2018 YLR 703 ISLAMABAD

ICT · 2018

Malik MUHAMMAD RAMZAN SABIR VS Mst. SHAHINA AKHTAR 2000 SCMR 207, 2012 SCMR 91, PLD 2008 Lah. 250, PLD 2008 Lahore 250, PLD 2010 SC 19, Ss. 10 & 17---eviction petition---Default in monthly rent---Statutory increase in monthly rent---Scope---Expiry of the tenancy agreement---Scope---Non-mentioning of annual increase in rent in the tenancy agreement---Effect---Petitioner/tenant contended tha

2018 YLR 29 ISLAMABAD

ICT · 2018

Ch. NASEER AHMED VS RENT CONTROLLER 1979 CLC 644, 1984 MLD 1198, 1985 CLC 98, 2003 YLR 1722, 2005 CLC 882, 2005 MLD 1287, 2005 SCMR 882, 2005 YLR 783, 2008 CLC 1666, 2008 CLC 547, 2008 MLD 1531, 2008 SCMR 568, 2009 SCMR 315, 2015 CLC 1383, 2015 CLC 663, 2016 CLC 1905, 2016 MLD 624, 2017 CLC 131, PLD 1965 SC 459, PLD 2002 SC 720, PLD 2007 Lahore 261, PLD 2012 Lahore 490, S.17---Arbitration

2018 MLD 1595 ISLAMABAD

ICT · 2018

PANTHER DEVELOPERS through Ghulam Jillani VS ADDITIONAL DISTRICT JUDGE (ADJ), WEST, ISLAMABAD S. 17(9)---eviction petition---Willful default in payment of monthly rent--- Restoration of eviction petition dismissed for non-prosecution--- Tentative order---Retrospective effect---Scope---Non-compliance of earlier order of Rent Controller to deposit monthly rent in Court---Striking off defence

2018 CLCN 100 Gilgit-Baltistan Chief Court

2018

GHULAM MURTAZA VS Raja MUZAFFAR HUSSAIN S. 13---eviction petition---Sub-letting---Tenant sublet the shop to his brother-in-law (sublessee)---Contention of sublessee was that landlord had rented the shop to him through verbal agreement in 1995---Validity---Held, landlord had rented the shop to the tenant through agreement dated 26.8.2009---Such fact was admitted by sublessee in his replicati

2018 SCMR 453 CONSTITUTIONAL-COURT-OF-SOUTH-AFRICA

2018

NOMSA ELLEN DLADLA VS CITY OF JOHANNESBURG Right to human dignity---Right to have access to adequate housing---Freedom and security of the person---Right to privacy---Scope---Temporary shelter accommodation provided by the City Government---Condition that residents leave during the day for certain hours and prohibition on opposite gender partners living together---Whether such shelter condi

2017 CLCN 146 SUPREME-COURT-AZAD-KASHMIR

Supreme Court · 2017

MUHAMMAD MOBEEN KHAN VS FARZAND BEGUM S. 14---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 44---Ejectment of tenant---Writ petition---Laches, doctrine of---Applicability---eviction petition was allowed against which appeal was dismissed by the Appellate Court---High Court dismissed writ petition in limine---Validity---Tenant did not obtain requisite certified copy of j

2017 CLCN 122 SUPREME-COURT-AZAD-KASHMIR

Supreme Court · 2017

LIAQAT ALI GILLANI VS KHALIL AHMED BUTT S. 14--- eviction petition---Ex parte ejectment order, setting aside of---Rent Controller, powers of---Scope---Rent Controller set aside ex parte eviction order against which appeal was allowed by the High Court observing that Rent Controller had no power to recall its order---Validity---Rent Controller had been vested with the powers to pass suitable

2017 SCMR 468 SUPREME-COURT

Supreme Court · 2017

NASIR FAHIMUDDIN VS CHARLES PHILIPS MILLS 2002 SCMR 1330, 2014 SCMR 513, S. 18---Qanun-e-Shahadat (10 of 1984), Arts. 92 & 114---Evacuee property---Proof---Whether suit property was evacuee property---Respondent claimed that suit property was not evacuee property, and that appellants were only in possession as licensees---Appellants contended that suit property was sold by respondent's mot

2017 MLD 2106 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2017

RAHIM MUHAMMAD alias ROHI MUHAMMAD VS Syed NOOR SHAH O. VII, R.2---Limitation Act (IX of 1908), Art. 110---Suit for recovery of amount---Arrears of rent in wake of previous eviction proceedings under Rent Restriction law---Defendant had denied relationship of landlord and tenant and had challenged maintainability of the suit and suit being time barred---Maintainability of suit for recovery

2017 CLC 1624 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2017

HABIB BANK LIMITED VS Haji KARIM DAD S. 17---eviction of tenant---Bona fide personal need of landlord---Objection by the tenant was that previous eviction petition was dismissed for non-prosecution--- Fresh eviction petition---Maintainability---Appellant/tenant contended that it was a financial institution (Bank) and its long standing business would be uprooted in case of eviction and that

2017 CLC 347 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2017

SHAKEEL AHMED VS ABDUL JALIL 1997 MLD 1800, 2000 SCMR 903, 2004 MLD 587, Ss. 13 & 11---Civil Procedure Code (V of 1908), S. 2 (2)---Ejectment of tenant---Bona fide personal need of landlord---Scope---Contention of tenant was that landlord had died during the proceedings and ground of personal bona fide need was not available to his legal heirs---Validity---Decree in favour of landlord did

2017 YLR 1622 PESHAWAR-HIGH-COURT

KPK · 2017

LUTFULLAH VS SHAHID INAYAT Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--27 , Civil Procedure Code --Order XVII of C.P.C. Adjournments--3 , Eviction of tenant--TERM , Wilful default--Words and , Ss. 17 & 27---Civil Procedure Code (V of 1908), O. XVII, R. 3---eviction of tenant---Wilful default---Non-issuance of show-cause notice to tenant---Non-holding

2017 YLR 1622 PESHAWAR-HIGH-COURT

KPK · 2017

LUTFULLAH VS SHAHID INAYAT Appeal--TERM , Cantonments Rent Restriction Act 1963--24 , Condonation --TERM , Eviction of tenant--TERM , Limitation Act 1908--14 , S. 24---Limitation Act (IX of 1908), S.14---eviction of tenant---Appeal---Time taken in proceedings at wrong forum---Condonation---Scope---Thirty days were required for filing an appeal in terms of S.24 of Cantonments Rent Restricti

2017 YLR 1312 PESHAWAR-HIGH-COURT

KPK · 2017

Mirza FAZAL GHANI VS BAHADAR KHAN 1992 SCMR 943, 2001 YLR 1979, Ejectment of tenant--Term , Khyber Pakhtunkhwa Urban Rent Restriction Ordinance 1959--13 , S. 13---Ejectment of tenant---Rent deed---Payment of advance rent---Condition that amount of rent should be adjusted from the advance amount---Effect---Rent agreement was executed with the condition that monthly rent would be deducted f

2017 CLC 874 PESHAWAR-HIGH-COURT

KPK · 2017

MEHBOOB ALI alias MAQBALI VS ARBAB ATHAR KHAN S. 122--- Settlement of boundaries--- Ejectment proceedings---Procedure---Petitioner was aggrieved of proceedings initiated by Revenue authorities for recovery of excess land in his possession---Validity---Rules making power, by virtue of S.122(2) of Khyber Pakhtunkhwa Land Revenue Act, 1967, was vested in the Board of Revenue which had not been

2017 CLCN 111 PESHAWAR-HIGH-COURT

KPK · 2017

TAHIR VS JEHANGIR KHAN S. 13---Ejectment of tenant---Change of ownership of demised premises---Notice---Denial of relationship of landlord and tenant by the tenant---Default in payment of rent---Dispute with regard to title of demised premises---Effect---Tenant denied relationship of landlord and tenant---Rent Controller declared the tenant as defaulter and directed for eviction from demise

2017 YLR 1762 LAHORE-HIGH-COURT-LAHORE

Punjab · 2017

TANVEER SPINNING AND WEAVING MILLS (PVT.) LTD. VS TARIQ SAEED 1986 SCMR 751, 1994 SCMR 360, 1995 MLD 1146, 1997 CLC 640, 2002 SCMR 480, 2007 SCMR 1866, 2010 MLD 1988, 2015 CLC 468, PLD 1959 Lah. 146, Applicability--Term , Discretion of Court--TERM , Ejectment of tenant--Term , Maintainability--TERM , Punjab Rented Premises Act 2009--15 , S. 15---Ejectment of tenant---Second eviction petit

2017 YLR 1509 LAHORE-HIGH-COURT-LAHORE

Punjab · 2017

Malik ZAFAR-UL-ISLAM VS ABDUL AZEEM LATIF Application for leave to defend--Term , Eviction of tenant--TERM , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--22 , Wilful default--Words and , Ss.15 & 22(4)(6)---eviction of tenant---Wilful default---Application for Leave to defend--- Recording of evidence by Rent Tribunal without specifically allowing leave to contest--

2017 CLC 1278 LAHORE-HIGH-COURT-LAHORE

Punjab · 2017

Shaikh NAVEED IKHLAS VS Shaikh ABDUL HAFEEZ 1986 CLC 576, 1986 MLD 722, 2005 YLR 2464, 2009 SCMR 1396, 2013 YLR 344, PLD 1969 Kar. 474, PLD 1974 SC 61, PLD 2015 SC 380, Eviction petition--Term , Punjab Rented Premises Act 2009--10 , Punjab Rented Premises Act 2009--15 , Registration Act 1908--17 , Transfer of Property Act 1882--117 , Transfer of Property Act 1882--49 , Ss. 10 & 15---Trans

2017 YLRN 354 LAHORE-HIGH-COURT-LAHORE

Punjab · 2017

RAZIA KHANUM VS GHULAM NABI BHATTI S. 15---Application for eviction of tenant---Denial of tenancy by tenant---Framing of issues---Effect---Principle of approbate and reprobate---Applicability---Landlord filed ejectment petition along with recovery of rent as arrears before Rent Controller---Firstly, tenant denied relationship tenancy but during pendency of eviction petition, he handed over

2017 YLRN 294 LAHORE-HIGH-COURT-LAHORE

Punjab · 2017

MUHAMMAD AZEEM VS Syed ANWAR MASOOD ZAIDI Ss. 15 & 34---Ejectment of tenant---Default in payment of rent---Substitution of legal representative of dead person in eviction proceedings--- Scope---Contention of tenant was that eviction petition was filed against a dead person i.e. against his father which was not maintainable---Ejectment petition was accepted concurrently--- Validity---Evictio

2017 YLRN 257 LAHORE-HIGH-COURT-LAHORE

Punjab · 2017

Mst. NASEEMA BIBI VS ADDITIONAL DISTRICT JUDGE S. 19---Application for eviction of tenant---Expiry of tenancy period---Effect---Lease agreement between landlord and tenant had expired and no further tenancy was reduced into writing---Tenancy was to be considered on month to month basis after expiry of agreement of tenancy---Filing of ejectment petition was manifestation of intention of land

2017 YLRN 257 LAHORE-HIGH-COURT-LAHORE

Punjab · 2017

Mst. NASEEMA BIBI VS ADDITIONAL DISTRICT JUDGE S. 19---Civil Procedure Code (V of 1908), S.99---Application for eviction of tenant--- Recognized agent--- Status---Ejectment petition was filed by landlord/ principal through special attorney---Power of attorney was neither attested by Notary Public nor original had been produced before court---Principal had not questioned authority of agent d

2017 YLRN 231 LAHORE-HIGH-COURT-LAHORE

Punjab · 2017

MUHAMMAD SAGHIR VS ADDITIONAL DISTRICT JUDGE Ss. 24, 25 & 2(b), (h)---Punjab Urban Rent Restriction Ordinance (VI of 1959), S. 13(2)---Constitution of Pakistan, Art. 199--- Constitutional petition---Arrears of rent---Determination---Powers of Rent Tribunal---Petitioner filed eviction petition which was allowed by Trial Court directing tenant to handover possession of rented premises along w

2017 CLCN 182 LAHORE-HIGH-COURT-LAHORE

Punjab · 2017

Mrs. SADIA ISRAR VS Mrs. AFZAL YOUSAF S. 15---eviction of tenant---Personal bona fide need of landlord---Landlord had choice to plead that a particular property was required for his/her personal bona fide need---Landlord had sole prerogative to decide which premises was suitable for his/her requirements---Court to adopt a proactive role to curb unnecessary adjournments and ordinarily a matt

2017 CLCN 131 LAHORE-HIGH-COURT-LAHORE

Punjab · 2017

Dr. SAJJAD NAZIR VS SPECIAL JUDGE RENT TRIBUNAL, LAHORE Ss. 15 & 19(4)---eviction of tenant---Submission of affidavits of witnesses along with eviction petition---Tenant contended that non-submission of affidavits while filing eviction petition had precluded the landlord to submit affidavits at belated stage---Validity---Record showed that landlord moved application immediately after framin

2017 CLCN 103 LAHORE-HIGH-COURT-LAHORE

Punjab · 2017

IFTIKHAR AHMAD VS MUHAMMAD NASIR S. 15---Ejectment of tenant---Denial of relationship of landlord and tenant by the tenant---Joint property---Effect---Rent Tribunal dismissed the eviction petition but Appellate Court accepted the same---Validity---Landlord would step into the shoes of vendors of suit property---Proper course for landlord in view of rival claims with regard to possession ove

2017 CLCN 21 LAHORE-HIGH-COURT-LAHORE

Punjab · 2017

SHAUKAT ALI VS ADDITIONAL RENT CONTROLLER CANTONMENT BOARD, LAHORE 1998 MLD 1073, 1999 CLC 795, 1999 SCMR 832, 2001 MLD 1681, 2001 SCMR 2020, 2004 MLD 1993, 2004 SCMR 1453, 2006 SCMR 145, 2007 CLC 556, 2007 MLD 542, 2008 CLC 87, 2009 CLC 279, PLD 1967 SC 530, PLD 2007 SC 504, PLD 2011 Lah. 531, S. 17(8) & (9)---Application for ejectment of tenant---Default in payment of rent---Tentative re

2017 YLR 2468 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

SHAMS VS ZULFIQAR HUSSAIN S. 17(2)(vi)---eviction for tenant---Plan for demolition of building by landlord---Tenant had not been able to prove that process of demolition was aimed at only to evict him, or for his eviction any undue or illegal course had been adopted by the landlord---Appeal of tenant was dismissed along with other applications.

2017 YLR 2468 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

SHAMS VS ZULFIQAR HUSSAIN S. 17(2)(i)---eviction of tenant---Default in payment of rent---Scope---Tenant did not pay rent of the shop to the landlord after he became its owner through an auction---Tenant committed willful default---Consequently appeal of tenant was dismissed along with other applications.

2017 YLR 2115 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

TELENOR PAKISTAN (PVT.) LTD. VS Mst. SURRAYYA KHATOON S. 15---Transfer of Property Act (IV of 1882), S. 107---Registration Act (XVI of 1908), Ss. 17(d) & 49---Ejectment of tenant--- Lease agreement--- Non-registration of lease agreement---Effect---Personal bona fide need of landlady---Scope---Lease for a fixed period revocable under a written notice by either party was not a lease in perpet

2017 YLR 1916 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

DAWOOD BALOCH VS MUHAMMAD SALEEM 2010 SCMR 1254, 2012 SCMR 669, 2016 MLD 624, PLD 2014 SC 347, Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--24 , Cantonments Rent Restriction Act 1963--5 , Code of Civil Procedure 1908--151 , Ejectment of tenant--Term , Specific Relief Act 1877--12 , Specific Relief Act 1877--56 , Suit for specific performance of contract-

2017 YLR 1873 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

SAMIUR REHMAN VS IIND ADDITIONAL DISTRICT JUDGE, SOUTH KARACHI 1986 CLC 953, 1989 MLD 2071, 2001 YLR 58, 2002 MLD 597, PLD 1967 Kar. 449, PLD 1974 SC 351, PLD 1996 Kar. 109, Eviction of tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---eviction of tenant---Sublet, proof of---Change of status of tenant---Tenant was a partnership firm which was incorporated as private limite

2017 YLR 1365 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

AMIR AHMED VS Z.A. KHAN Proof--TERM , Specific Relief Act 1877--12 , Suit for specific performance of agreement--Term , S. 12----Constitution of Pakistan, Arts. 23 & 24---Suit for specific performance of agreement---Proof---Inordinate delay of 40/45 years in disposal of the suit---Effect---Provision as to/ protection of property---Plaintiff was tenant of the suit/evacuee property prior to

2017 YLR 1221 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

Mrs. SHAHIDA VS VII-ADDITIONAL DISTRICT JUDGE, KARACHI 1986 CLC 1770, 1988 CLC 906, 1991 CLC 937, 1992 SCMR 1149, 1993 SCMR 1360, 1995 MLD 840, 2000 SCMR 632, 2000 SCMR 845, 2003 CLC 416, 2006 SCMR 1068, 2006 SCMR 1505, 2007 YLR 2982, 2007 YLR 363, 2009 MLD 144, 2010 YLR 1201, 2011 SCMR 320, 2012 YLR 1713, 2013 YLR 2526, PLD 2007 SC 504, PLD 2014 SC 347, Eviction of tenant--TERM , Sindh Rent

2017 YLR 922 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

Mst. FATIMA BEGUM VS BASHIR AHMED S.22---Executing court, duty of---Scope---Directions of High Court---Re-induction of ejected tenant---Non-execution of re-induction order of High Court---High Court had given further direction to executing court to issue writ of possession with aid of police if property was not vacated---Sole function of Executing Court was to execute the order of eviction

2017 YLR 453 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

BASHIR AHMED VS Mst. FATIMA BEGUM S. 21---Constitution of Pakistan, Art. 199--- Constitutional jurisdiction---Scope---eviction proceedings---Appeal---Scope---Issues of fact once decided after recording of evidence could be subjected to scrutiny only by the appellate forum provided under the relevant laws---Sindh Rented Premises Ordinance, 1979 was a special law and only one appeal had been

2017 YLR 262 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

ARABIAN GULF ENTERPRISES (PVT.) LTD. VS PROVINCE OF SINDH through Secretary Land Utilization Department, Karachi 2000 CLC 443, 2006 PTD 670, S. 64---Licensee's right on eviction---Scope---If licensee without any fault on his part was evicted by the grantor before he had fully enjoyed the licence, he would be entitled to recover compensation from the grantor.

2017 PLD 409 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

BRIGHTLINK MOBILE PHONE AND ACCESSORIES VS MUHAMMAD QAMAR GHANI Ss. 15 & 2(g)---Succession Act (XXXIX of 1925), S. 305---Civil Procedure Code (V of 1908), O.XXII, R.4---Ejectment of tenant---Personal bona fide need of landlord---Death of landlord---Effect---Contention of tenant was that landlord had died and right to sue did not survive to the legal heirs of the landlord who were females on

2017 MLD 2074 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

Syed FAHIMUL HASSAN VS Khawaja MOHSIN ALI Ss. 15 & 16---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Default in payment of rent---Personal bona fide need of landlord---Summary inquiry---Procedure---Tentative rent order, non-compliance of---Striking off defence---Scope---Tenant did not comply with the order of Rent Controller with regard to payment of a

2017 MLD 1857 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

MUHAMMAD MUSLIM VS AZEEM AHMED Ss. 15 & 18---Civil Procedure Code (V of 1908), O. I, R. 10 & S.12(2)---Ejectment of tenant---Execution petition---Conversion of application under O. I, R. 10, C.P.C. to an application under S. 12(2), C.P.C.---Scope---Execution petition was moved wherein an application for impleadment was filed which was converted into application under S.12(2), C.P.C. by the

2017 MLD 1555 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

MUHAMMAD SHAFIQUE VS IST. ADDITIONAL DISTRICT JUDGE 1988 CLC 1343, 1988 CLC 1793, 1993 MLD 469, 2000 CLC 1708, 2000 SCMR 1613, 2008 CLC 87, 2015 YLR 308, Ejectment of tenant--Term , Personal bona fide need of landlord--Term , Sindh Rented Premises Ordinance 1979--15 , S. 15---Ejectment of tenant---Personal bona fide need of landlord---Scope---Rent Controller accepted the eviction petition

2017 MLD 1339 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

BARKAT ALI (deceased) through Legal Heirs VS MOHAMMAD UMER 2004 MLD 1008, 2005 YLR 1985, Appeal--TERM , Code of Civil Procedure 1908--12 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , Specific Relief Act 1877--12 , Ss. 21 & 15---Civil Procedure Code (V of 1908), S. 12(2)---Specific Relief Act (I of 1877), S. 12---eviction order---Appeal---Scope---T

2017 MLD 1215 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

ALI AKBAR VS NOOR AHMED 1980 SCMR 29, 2007 SCMR 128, 2010 SCMR 1925, PLD 1973 SC 214, PLD 2001 SC 158, Ejectment of tenant--Term , Qanun-e-Shahadat Order 1984--115 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979--5 , Ss. 15, 5 & 2(f)---Qanun-e-Shahadat (10 of 1984), Art. 115---Ejectment of tenant---Bona fide perso

2017 MLD 1137 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

Mrs. KATHLEEN M. AFZAL VS MOIZ SABUWALLA Bona fide personal need of landlord--Term , Default in payment of rent--Term , Ejectment of tenant--Term , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979--2 , Ss. 15, 16 & 2(g)---Ejectment of tenant---Tentative rent order---Default in payment of rent---Bona fide personal nee

2017 MLD 770 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

USMAN KHAN VS MUHAMMAD NAZIM 1996 SCMR 336, 2006 SCMR 562, 2014 SCMR 922, O. XLI, R. 27---Sindh Rented Premises Ordinance (XVII of 1979), S. 15---eviction petition---Production of additional evidence before the Appellate Court---Conditions---eviction petition was allowed against which appeal was filed wherein tenant moved application for production of additional evidence which was dismisse

2017 MLD 605 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

NISAR AHMED SHEIKH VS VIITH ADDITIONAL DISTRICT AND SESSIONS JUDGE, DISTRICT SOUTH 1994 SCMR 355, 1995 MLD 1471, 2001 SCMR 338, 2001 SCMR 550, 2008 CLC 87, 2015 YLR 308, Ss. 15 & 2(g)---Ejectment of tenant---Personal bona fide need of landlord---Proof---Procedure---"Landlord"---Connotation---Contention of tenant was that landlord had not examined his son on whose behalf personal bona fide

2017 CLC 656 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

SHAHID HUSSAIN VS MOHAMMAD YOUNUS GONDAL 1991 SCMR 1029, 2010 CLC 561, 2010 SCMR 1925, 2015 CLC 310, PLD 1991 Kar. 452, S. 15---Ejectment of tenant---Default in payment of rent---Scope---eviction petition was accepted concurrently---Validity---Appellate authority was the final authority under Sindh Rented Premises Ordinance, 1979---Constitutional jurisdiction could not be invoked as a subs

2017 CLC 626 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

NAEEM NOOR MUHAMMAD VS The IIND ADDITIONAL DISTRICT JUDGE, KARACHI SOUTH 1987 MLD 2971, 1991 MLD 349, 1994 CLC 1139, 1995 SCMR 330, 1996 MLD 1141, 1997 CLC 1186, 1999 YLR 746, 2001 SCMR 1888, 2006 SCMR 1501, 2007 SCMR 174, 2010 CLC 561, 2010 SCMR 1925, 2012 YLR 2246, 2013 YLR 1405, 2014 YLR 1901, PLD 1993 Kar. 642, PLD 2004 Kar. 502, Ss. 15, 10 & 18---Ejectment of tenant---Lease agreement-

2017 YLRN 361 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

Mst. SULTANA AHMED VS III-ADDITIONAL DISTRICT JUDGE, KARACHI (WEST) Ss. 10 & 15(2)(ii)----Constitution of Pakistan, Art. 199---Transfer of Property Act (IV of 1882), S. 105---Constitutional petition---Mode of payment of rent---Wilful default in payment of rent---Landlady/petitioner filed application for eviction of tenant/respondent under registered lease agreement executed for period of 30

2017 YLRN 334 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

MUHAMMAD YOUSUF VS Mst. RASHIDA BEGUM S.15---Oaths Act (X of 1873) ,S. 13---eviction of tenant---Administration of oath by witness---Scope---Tenant/ petitioner contended that Rent Controller used evidence of one case into other case which was illegal---Tenant further submitted that the deposition form was silent about administrating the oath---Landlord/respondent contended that Rent Control

2017 YLRN 334 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

MUHAMMAD YOUSUF VS Mst. RASHIDA BEGUM S. 15---Constitution of Pakistan, Art. 199---eviction of tenant---Payment of electricity bill(s)--- Constitutional petition--- Factual controversy involved---Scope---Tenant and landlord were at variance regarding payment of charges of electricity---District Judge had rightly come to the conclusion that there was no default in payment of electricity char

2017 YLRN 256 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

FAIZ MUHAMMAD VS CIVIL JUDGE AND JUDICIAL MAGISTRATE Ss. 133, 134 & 135---Removal of nuisance---Conditional order by Magistrate--- Show-cause notice---Necessity---Plot in question, situated in residential area was being used as taxi stand and on complaint of inhabitants of the area, Judicial Magistrate ordered eviction of the plot---Validity---Taxi stand was established on the plot without

2017 YLRN 247 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

M. ASHIQ ALI AND BROTHERS VS ASLAM PERVEZ S. 15---Constitution of Pakistan, Arts.199 & 23---Constitutional petition--- Ejectment of tenant---Personal bona fide need of landlord---Proof---Averments of eviction petition had been verified by the landlord in his affidavit-in-evidence---Demised premises was required for personal bona fide need of landlord---Statement of landlord on oath remained

2017 YLRN 244 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

GULZAR HUSSAIN VS IMRAN ALI S. 15---Constitution of Pakistan, Art. 199--- Constitutional petition---Ejectment of tenant---Personal bona fide need of landlord---Scope---Both the courts below had examined the matter at considerable length and had also properly attended to the material placed before them---Landlord had established his case of personal bona fide need---Tenant had failed to addu

2017 YLRN 139 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

SHAH SAJJAD RAZA ABBASI VS MUHAMMAD ASIF MUFTI S. 16---eviction petition---Personal bona fide need of landlord---Default in payment of rent---Landlords sought eviction on the grounds of default in payment of rent and their personal bona fide need---Tenants contended that in a previous case by previous owner, father of tenants was directed by the court to deposit rent in the court, which ten

2017 YLRN 138 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

RIASAT ALI VS IV-ADDITIONAL DISTRICT AND SESSIONS JUDGE Ss. 15 & 16---Ejectment of tenant---Denial of relationship of landlord and tenant by the tenant---Tentative rent order---Non-deposit of rent---Striking off defense--- Scope--- Rent Controller directed the tenant to deposit arrears of rent and future rent in the Court but he failed and his defence was struck off and eviction petition wa

2017 YLRN 80 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

JAMEEL-UR-REHMAN VS MASOOD HUSSIAN ANTRIA Ss. 15 & 21 (3)---eviction of tenant---Default in payment of rent---Scope---Contentions of tenant were that landlord refused to receive rent which was sent through money order thereafter, and that application for calling postman was also submitted before the Appellate Court---Validity---Both the courts below had given findings with regard to sending

2017 YLRN 74 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

ADAM BHAI VS MUHAMMAD MIRZA S. 14---eviction of tenant---Grounds---Bona fide personal need of landlord---Entire emphasis of the tenant was on the fact that the landlord had concealed about his other properties which were in his possession and which were sufficient to accommodate his entire family---Record reflected that the landlord had admitted in his evidence to have only two bungalows oc

2017 YLRN 68 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

JAVED TASNEEM VS MAQBOOL AHMED BHATTI S. 15---Ejectment of tenant---Change in the ownership of demised premises---Personal bona fide need of landlord---Scope---Landlord purchased the demised premises and he served a notice on the tenant but neither paid the rent nor vacated the premises---eviction petition was dismissed concurrently---Validity---Landlord who purchased the property was owner

2017 CLCN 228 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

STATE LIFE INSURANCE CORPORATION OF PAKISTAN VS BRITISH HEAD AND FOOTWEAR STORES Ss. 8 & 9---Constitution of Pakistan, Art. 199---Constitutional petition---Fair rent, determination and fixation of---Factors to be considered---Rent Controller had to take into consideration the rent of similar premises situated in the similar circumstances in the same or adjoining locality while fixing the fa

2017 CLCN 215 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

DELHI MERCANTILE MUSLIM COOPERATIVE HOUSING SOCIETY LIMITED KARACHI VS ALAMGIR WELFARE TRUST INTERNATIONAL Ss. 15 & 20---Specific Relief Act (I of 1877), Ss. 42 & 54---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2---Suit for declaration and permanent injunction---Temporary injunction, grant of---Suit against tenant---Scope---Landlord after filing eviction petition instituted civil s

2017 CLCN 201 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

MUHAMMAD ASIF VS The VTH ADDITIONAL DISTRICT JUDGE S. 13---Qanun-e-Shahadat (10 of 1984), Arts. 114 & 115---eviction petition---Written admission of tenancy by the tenant---Tenant attributing said admission to mistake of his counsel---Relationship between parties as landlord and tenant---Estoppel, principle of---Applicability---Landlord/respondent contended that once admitting relationship

2017 CLCN 201 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

MUHAMMAD ASIF VS The VTH ADDITIONAL DISTRICT JUDGE S. 13--- eviction petition--- Grounds of subletting and encroachment---Default of payment of rent not alleged in the pleadings---Verdict of the court in favour of landlord on non-pleaded ground---Scope---Petitioner submitted that the Appellate Court had given a verdict regarding non-pleaded default, which was not lawful---Respondent contend

2017 CLCN 167 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

UNITED BANK LIMITED VS IV COURT OF ADDITIONAL DISTRICT JUDGE EAST, KARACHI S. 10----Payment of rent---Princples---Payment of accumulated rent even once paid by the tenant would make him liable to eviction.

2017 CLCN 167 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

UNITED BANK LIMITED VS IV COURT OF ADDITIONAL DISTRICT JUDGE EAST, KARACHI S. 15----eviction petition---Locus standi and maintainability---Rent proceedings in question had admittedly been instituted by the petitioner-Bank through its authorized officer who was empowered through power of attorney executed in his favour by the Executive Board of the Bank and the Executive Board was vested wit

2017 CLCN 167 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

UNITED BANK LIMITED VS IV COURT OF ADDITIONAL DISTRICT JUDGE EAST, KARACHI Ss. 15 & 10---eviction petition---Payment of rent, default in---Payment of accumulated rent, even once, would make tenant liable to eviction---Rent Controller accepted the eviction petition on ground of default in payment of rent; the appellate court dismissed the same holding that there was a practice of paying rent

2017 CLCN 167 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

UNITED BANK LIMITED VS IV COURT OF ADDITIONAL DISTRICT JUDGE EAST, KARACHI S. 10---eviction petition---Payment of rent---Landlord/tenant duties of---Tenant was under duty to pay rent to the landlord within time as required by law through any of the modes prescribed by law---Landlord was under duty to collect rent from the tenant or to remind or chase him for payment of rent.

2017 CLCN 109 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

Mst. AMNA BIBI VS VITH ADDITIONAL DISTRICT JUDGE SOUTH KARACHI S. 15---Ejectment of tenant---Default in payment of rent---Bona fide personal need of landlady---Plea of Pugree---Scope---Contention of tenant was that she had tendered rent through money order---eviction petition was dismissed by the Rent Controller but same was accepted by the Appellate Court---Validity---Tenant had failed to

2017 CLCN 86 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

MUHAMMAD MUMTAZ MIRZA VS DISTRICT AND SESSIONS JUDGE EAST AT KARACHI Ss. 14 & 15(ii)---eviction of tenant---Grounds---Bona fide personal need and default in payment of rent---Suit was decreed in favour of landlady---Appellate Court, on appeal rejected the ground of personal bona fide need and remanded matter to be decided on ground of default---Validity---Landlady who wanted to live alone,

2017 CLCN 80 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

IMRAN QADIR VS ROQIYA SULTANA 1999 SCMR 348, 2002 SCMR 429, Cantonments Rent Restriction Act 1963--17 , S. 17---eviction petition, filing of---Co-sharers---Any of the co-sharers might file a rent case against the tenant irrespective of the fact that some other co-sharer had inducted the tenant in the tenement.

2017 CLCN 80 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

IMRAN QADIR VS ROQIYA SULTANA Cantonments Rent Restriction Act 1963--17 , Eviction petition--Term , S. 17---eviction petition---Ailment of tenant---Tenant assailed eviction order for being unheard on reason of ailment after appearance---After first appearance of tenant, it took more than four months to finally decide the case---For such a long period, tenant did not pay any attention to le

2017 CLCN 75 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

ZAHEER SONS JEWELLERS VS MUHAMMAD AYAZ KHAN 1987 SCMR 2051, 1992 SCMR 1303, 2000 SCMR 531, 2001 SCMR 338, 2006 SCMR 152, 2007 SCMR 621, 2010 SCMR 1925, 2012 CLC 1195, 2013 CLC 562, PLD 2014 Sindh 194, Eviction of tenant--TERM , Personal bona fide need of landlord--Term , Sindh Rented Premises Ordinance 1979--15 , S. 15---eviction of tenant---Personal bona fide need of landlord---Scope---e

2017 CLCN 72 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

SAEED ALI QURESHI VS Mst. ZUBAIDA BAI 1997 SCMR 264, 2001 YLR 1224, 2014 MLD 1304, PLD 2005 SC 34, Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--27 , Eviction petition--Term , Ss. 17 & 27---eviction petition---Ground of default in payment of rent and sub-letting by tenant---Tentative rent order without holding inquiry---Scope---Tenant claimed handing o

2017 YLR 681 ISLAMABAD

ICT · 2017

ROGER LEE VS Ch. MUHAMMAD SALMAN 2009 CLC 52, 2009 SCMR 1008, 2015 YLR 2405, 2015 YLR 2543, 2016 MLD 1121, 2016 YLR 1538, Ss. 17, 19 & 25---eviction of tenant---Tentative rent order---Striking off defence---Scope---Tenant was directed to deposit arrears of rent in the Court who failed to deposit the same and eviction petition was allowed---Contention of tenant was that rent had been paid t

2017 MLD 1643 ISLAMABAD

ICT · 2017

Dr. MUHAMMAD SAEED VS Sardar MUHAMMAD AKRAM Ss. 17 & 21(6)---Ejectment of tenant---Tentative rent order---Striking off defence---Denial of relationship of landlord and tenant by the tenant---Approbation and reprobation, doctrine of---Applicability---Tenant failed to deposit tentative rent and his defence was struck off and eviction petition was allowed---Appellate Court passed order for dep

2017 MLD 1432 ISLAMABAD

ICT · 2017

MANSOOR ALI VS ADDITIONAL DISTRICT JUDGE (WEST), ISLAMABAD Eviction petition--Term , Islamabad Rent Restriction Ordinance 2001--17 , S. 17---eviction petition---Personal bona fide need of heirs of original landlord---Scope---Grounds of expiry of tenancy agreement and personal bona fide need---Tenant claimed tenancy agreement with deceased original owner---Relationship between tenant and le

2017 MLD 567 ISLAMABAD

ICT · 2017

FAROOQ AHMAD VS ADDITIONAL DISTRICT AND SESSIONS JUDGE (WEST) ISLAMABAD 1992 SCMR 1908, 1992 SCMR 917, 2004 YLR 1066, 2013 CLC 411, 2014 MLD 109, Ss. 12(2), 104 & 115 & O. XLIII, R. 1---Islamabad Rent Restriction Ordinance (IV of 2001), S. 17---eviction order allegedly based on fraud and misrepresentation---Remedy for third party---Applicability of S. 12(2) of Civil Procedure Code, 1908 be

2017 MLD 53 ISLAMABAD

ICT · 2017

MUHAMMAD AKBAR CHOHAN VS RENT CONTROLLER, ISLAMABAD 2000 SCMR 556, 2006 CLC 1579, 2016 YLR 285, PLD 2006 SC 24, PLD 2007 SC 277, PLD 2007 SC 369, Eviction of tenant--TERM , Islamabad Rent Restriction Ordinance 2001--17 , Islamabad Rent Restriction Ordinance 2001--24 , Islamabad Rent Restriction Ordinance 2001--25 , Islamabad Rent Restriction Ordinance 2001--26 , Islamabad Rent Restriction Or

2017 CLC 1242 ISLAMABAD

ICT · 2017

Syed USMAN KHALID VS ATTA MOHAMMAD 1990 SCMR 1688, 1993 CLC 2293, 2003 YLR 466, 2004 SCMR 1453, 2006 YLR 1389, 2007 CLC 140, 2007 CLC 234, 2007 CLC 556, 2007 CLC 579, 2008 MLD 1659, 2009 SCMR 784, 2012 YLR 1291, 2012 YLR 74, 2014 YLR 1525, 2015 YLR 2405, PLD 2006 Lah. 684, PLD 2011 SC 331, Default in payment of rent--Term , Ejectment of tenant--Term , Islamabad Rent Restriction Ordinance 200

2017 CLC 1043 ISLAMABAD

ICT · 2017

KHUSHNOOD AHMAD VS ADDITIONAL DISTRICT JUDGE, ISLAMABAD 1974 SCMR 279, 1983 SCMR 1064, 1992 SCMR 46, 1997 SCMR 1185, 1998 SCMR 2525, 2000 MLD 82, 2001 SCMR 1434, 2001 SCMR 1700, 2002 CLC 1686, 2004 CLC 862, 2004 SCMR 711, 2006 SCMR 1068, 2006 SCMR 152, 2008 CLC 1666, 2010 MLD 1354, 2011 SCMR 320, 2012 CLC 939, 2012 YLR 1598, 2013 YLR 1881, 2013 YLR 1898, 2013 YLR 2526, 2015 CLC 107, 2016 CLC 14

2017 CLC 360 ISLAMABAD

ICT · 2017

SHAFIQUE AHMED KHAN VS RENT CONTROLLER ISLAMABAD (WEST) 1979 SCMR 619, 1992 MLD 1997, 1998 MLD 171, 1999 MLD 1342, 2009 YLR 2379, 2011 CLC 846, S. 17---Ejectment of tenant---Default in payment of rent---Denial of relationship of landlord and tenant by the tenant---Contention of tenant was that landlady was only benami owner and relationship of landlord and tenant did not exist between the

2017 CLCN 65 ISLAMABAD

ICT · 2017

SHAFIQUE AHMED KHAN VS RENT CONTROLLER, ISLAMABAD (WEST) 1979 SCMR 619, 1992 MLD 1997, 1998 MLD 171, 1999 MLD 1342, 2009 YLR 2379, 2011 CLC 846, Default in payment of rent--Term , Ejectment of tenant--Term , Islamabad Rent Restriction Ordinance 2001--17 , S. 17---Ejectment of tenant---Default in payment of rent---Denial of relationship of landlord and tenant by the tenant---Contention of

2016 SCMR 2186 SUPREME-COURT

Supreme Court · 2016

Mian UMAR IKRAM-UL-HAQUE VS Dr. SHAHIDA HASNAIN Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--24 , Ss. 15 & 24---eviction application---Default in payment of rent raised as a ground for eviction---Denial of relationship of landlord and tenant---Order for payment of rent and other dues pending proceedings---Scope---Where default in the payment of rent was set out as

2016 SCMR 2186 SUPREME-COURT

Supreme Court · 2016

Mian UMAR IKRAM-UL-HAQUE VS Dr. SHAHIDA HASNAIN Punjab Rented Premises Act 2009--2 , Punjab Rented Premises Act 2009--24 , Ss. 24 & 2(l)---eviction application---Denial of relationship of landlord and tenant---Order for payment of rent and other dues pending proceedings---Scope---Order for payment of rent and other dues under S. 24 of the Punjab Rented Premises Act, 2009 ("the Act") could

2016 SCMR 1926 SUPREME-COURT

Supreme Court · 2016

CARPET CENTRE VS MUSTAFA FARABI TAPU JAVERI Sindh Rented Premises Ordinance 1979--15 , S. 15(2)(vii)---Commercial premises---eviction order---Bona fide personal need of landlord---Premises required for setting up a photo studio---Contention of tenant that personal need of landlord was not established in as much as landlord had claimed that he was a professional photographer but had given a

2016 PLD 730 SUPREME-COURT

Supreme Court · 2016

COMBIND INVESTMENT (PVT.) LTD. VS WALI BHAI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979--3 , Ss. 2(h), 3 & 15(2) (iii) (b)---Hotel premises---Applicability of Sindh Rented Premises Ordinance, 1979---Rent Controller, jurisdiction of---Premises let out to tenant for commercial/residential purposes---Tenant using th

2016 PLD 76 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2016

MUHAMMAD IBRAHIM VS ABDUL SALAM 1989 SCMR 755, 1996 SCMR 1178, 2001 SCMR 1197, Balochistan Urban Rent Restriction Ordinance 1959--13 , Default in payment of rent--Term , Ejectment of tenant--Term , S. 13---Ejectment of tenant---Default in payment of rent---Bona fide need of landlord---Statement of attorney---Scope---Statement of landlord on oath was sufficient for acceptance of eviction p

2016 CLC 609 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2016

MUHAMMAD IBRAHIM VS NIAZ MUHAMMAD 1983 SCMR 1064, 2012 CLC 1104, 2012 CLC 341, PLD 1985 SC 1, Default in payment of rent--Term , Ejectment of tenant--Term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , -Ss. 13, 2(c) & 2(i)---Ejectment of tenant---Default in payment of rent---Personal bona fide need of landlord---Denial

2016 YLR 1822 PESHAWAR-HIGH-COURT

KPK · 2016

MOHD ILYAS VS NAEEMULLAH Ejectment of tenant--Term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Ejectment of tenant---Personal bona fide need of landlord---Denial of relationship of landlord and tenant by the tenant---Rent Controller, jurisdiction of---Scope---Relationship of landlord and tenant was denied on the ground that wife of the tenant being real sister of la

2016 YLR 293 PESHAWAR-HIGH-COURT

KPK · 2016

NAWAB ALI VS Dr. UMAIR IKRAM 2002 CLC 1391, Application for ejectment of tenant--Term , Bona fide personal need of landlord--Term , Cantonments Rent Restriction Act 1963--17 , S. 17---Application for ejectment of tenant---Bona fide personal need of landlord---Scope---Contention of tenant was that landlady did not appear in person before the Rent Controller and attorney was not authorized

2016 YLR 248 PESHAWAR-HIGH-COURT

KPK · 2016

MUHIB ULLAH VS ARJUMAND KHAN Ejectment of tenant--Term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--7 , West Pakistan Urban Rent Restriction Ordinance 1959--PREAMBLE , Ss. 13, 7 & Preamble---Ejectment of tenant--- Subletting--- Pagri/premium---Scope---eviction petition was accepted on the ground of subletting the demised p

2016 MLD 809 PESHAWAR-HIGH-COURT

KPK · 2016

Mst. FARIDA BANO VS HAZRAT MUHAMMAD 1982 CLC 1171, 1987 CLC 1210, 2005 MLD 1232, Civil Procedure Code --Order I of C.P.C. Parties to Suits--10 , Constitutional petition--TERM , Ejectment Proceedings--TERM , Maintainability--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13 & 15---Civil Procedure Code (V of 190

2016 MLD 121 PESHAWAR-HIGH-COURT

KPK · 2016

FAZAL RAZIQ VS Haji SHER ZAMAN 2004 SCMR 126, PLD 2006 SC 549, Constitutional petition--TERM , Ejectment of tenant--Term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Default in payment of rent---Denial of relationship of landlord and tenant by the tenant---Question of title---Scope-

2016 CLCN 53 PESHAWAR-HIGH-COURT

KPK · 2016

GHULAM HAIDER VS MASAUD 1983 SCMR 366, 2011 YLR 872, Constitutional petition--TERM , Demarcation of land--Term , Eviction petition--Term , Jurisdiction of Civil Court--TERM , Khyber Pakhtunkhwa Land Revenue Act 1967--117 , Khyber Pakhtunkhwa Land Revenue Act 1967--122 , Ss. 122 & 117---Constitution of Pakistan, Art.199---Constitutional petition---eviction petition---Demarcation of land---

2016 CLCN 49 PESHAWAR-HIGH-COURT

KPK · 2016

Mian MUHAMMAD NAVEED VS AMAN ULLAH Ejectment petition--term , Khyber Pakhtunkhwa Urban Rent Restriction Ordinance 1959--13 , S. 13(4)---Ejectment petition---eviction of tenant on the ground of bona fide personal need of landlord---Prerogative of landlord having several shops to choose shop of his choice for his personal need---Scope---Rent Controller decreed the ejectment petition in favou

2016 CLCN 49 PESHAWAR-HIGH-COURT

KPK · 2016

Mian MUHAMMAD NAVEED VS AMAN ULLAH Ejectment petition--term , Khyber Pakhtunkhwa Urban Rent Restriction Ordinance 1959--13 , S. 13(4)---Ejectment petition---eviction of tenant on the ground of bona fide need of landlord---Right of tenant to get restored the possession of suit property---Scope---Sole statement of the landlord was sufficient for his bona fide personal need as he had to use t

2016 CLC 1832 LAHORE-HIGH-COURT-LAHORE

Punjab · 2016

AYESHA MOEEN VS APPELLATE RENT TRIBUNAL/ADDITIONAL DISTRICT JUDGE, LAHORE Eviction of tenant--TERM , Grounds--Term , Punjab Rented Premises Act 2009--15 , Specific Relief Act 1877--12 , S. 15---Specific Relief Act (I of 1877), S.12---eviction of tenant---Grounds---Pendency of suit for specific performance---Pendency of a suit for specific performance on the basis of agreement to sell of th

2016 MLD 1738 LAHORE-HIGH-COURT-LAHORE

Punjab · 2016

JAMEEL AHMAD NAAZ VS SUPER ASSOCIATES PLD 2009 SC 453, Constitutional petition--TERM , Default in payment of rent--Term , Eviction of tenant--TERM , Punjab Rented Premises Act 2009--15 , S. 15---Constitution of Pakistan, Art. 199---Constitutional petition---eviction of tenant--- Default in payment of rent---Denial of relationship of landlord and tenant by the tenant---Rent Tribunal, juris

2016 MLD 1095 LAHORE-HIGH-COURT-LAHORE

Punjab · 2016

MUHAMMAD NAYAB VS ADDITIONAL DISTRICT JUDGE, RAWALPINDI Constitutional petition--TERM , Ejectment of tenant--Term , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--19 , Transfer of Property Act 1882--106 , Ss. 15(a) & 19---Transfer of Property Act (IV of 1882), S.106---Constitution of Pakistan, Art.199---Constitutional petition---Expiry of lease agreement---Oral tena

2016 MLD 103 LAHORE-HIGH-COURT-LAHORE

Punjab · 2016

Sh. AMIR FAROOQ VS Sh. USMAN 1999 CLC 795, Eviction petition--Term , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--7 , Ss. 7 & 15---eviction petition---Grounds for eviction---Expiry of lease, default in payment of rent and causing damage to the demised property---Leave to contest, refusal of---Tenant failed to produce any receipt showing payment of rent for period

2016 MLD 67 LAHORE-HIGH-COURT-LAHORE

Punjab · 2016

MOHAMMAD TARIQ VS SAFDAR HUSSAIN 1996 SCMR 1165, 1998 SCMR 328, 2006 MLD 1532, 2010 CLC 1590, Constitutional petition--TERM , Maintainability--TERM , Punjab Rented Premises Act 2009--15 , Summoning of witnesses--TERM , S. 15---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Application for eviction of tenant---Summoning of witness---Rent Tribunal dismissed

2016 CLCN 81 LAHORE-HIGH-COURT-LAHORE

Punjab · 2016

SHAMAS UD DIN VS ADDITIONAL DISTRICT JUDGE Application for eviction--Term , Constitutional petition--TERM , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--8 , Punjab Rented Premises Act 2009--9 , Ss. 15, 8 & 9---Constitution of Pakistan, Art. 199---Constitutional petition---Application for eviction---No extension in the lease period was agreed---Tenant was liable to

2016 CLCN 48 LAHORE-HIGH-COURT-LAHORE

Punjab · 2016

SARFRAZ VS MUKHTAR AHMED 1983 SCMR 1064, 1991 SCMR 1376, 2007 CLC 1151, 2009 CLC 114, 2011 YLR 455, 2013 CLC 414, PLD 2007 SC 45, PLD 2009 SC 453, Constitutional petition--TERM , Ejectment of tenant--Term , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--24 , Ss. 24 & 15---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant--- Denial o

2016 PLD 123 LAHORE-HIGH-COURT-LAHORE

Punjab · 2016

Dr. SHAHIDA HASNAIN VS Mian UMAR IKRAM UL HAQ 2009 SCMR 1396, 2010 YLR 114, 2012 YLR 2293, PLD 1991 SC 242, PLD 1999 SC 1101, PLD 2013 SC 775, Eviction of tenant--TERM , Punjab Rented Premises Act 2009--10 , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--24 , Ss. 24, 10 & 15---eviction of tenant---Denial of relationship of landlord and tenant by the tenant---Tentat

2016 YLR 2347 KARACHI-HIGH-COURT-SINDH

Sindh · 2016

JAVAID IQBAL VS Khawaja ABDUL JALIL 1993 MLD 410, Concurrent findings--Term , Constitutional petition--TERM , Eviction petition--Term , Proof--TERM , Requirement--Term , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--18 , Ss. 15 & 18--- Constitution of Pakistan, Art. 199--- Constitutional petition---eviction petition---Change of ownership---Notice to tena

2016 YLR 2347 KARACHI-HIGH-COURT-SINDH

Sindh · 2016

JAVAID IQBAL VS Khawaja ABDUL JALIL Eviction petition--Term , Proof--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15----eviction petition---Bona fide personal need of landlord---Proof---Sole testimony of landlord was sufficient to establish his personal bona fide need for rented premises, when his statement on oath was quite consistent with averments made in ejectment application a

2016 YLR 1288 KARACHI-HIGH-COURT-SINDH

Sindh · 2016

NASURALLAH ODHANO VS NAZIR AHMED Civil Procedure Code --Order XLI of C.P.C. Appeals from Original Decrees--27 , Eviction petition--Term , Sindh Rented Premises Ordinance 1979--15 , O. XLI, R. 27---Sindh Rented Premises Ordinance (XVII of 1979), S. 15---eviction petition---Production of additional evidence in the appellate court---Scope---Rent Controller dismissed ejectment petition against

2016 YLR 1193 KARACHI-HIGH-COURT-SINDH

Sindh · 2016

Miss AFIFA VS Mrs. NUSRAT HAFEEZ 1968 SCMR 729, 1980 CLC 44, 1982 SCMR 233, 1986 CLC 1828, 1986 SCMR 261, 1987 SCMR 380, 1989 SCMR 918, 1991 SCMR 1656, 1992 CLC 980, 1992 SCMR 652, 1993 SCMR 1171, 1993 SCMR 618, 1996 CLC 1034, 1997 CLC 1260, 2000 CLC 1119, 2000 MLD 1809, 2002 CLC 166, 2003 CLC 1321, 2003 SCMR 549, 2006 CLC 1018, 2006 SCMR 219, 2006 SCMR 276, 2008 CLC 75, 2008 SCMR 236, 2009 CLC

2016 YLR 1193 KARACHI-HIGH-COURT-SINDH

Sindh · 2016

Miss AFIFA VS Mrs. NUSRAT HAFEEZ 1992 SCMR 1152, PLD 2001 Kar. 60, Sindh Rented Premises Ordinance 1979--20 , S. 20---Powers of Rent Controller---Scope---Provisions of Civil Procedure Code, 1908 except those mentioned in S. 20 of Sindh Rented Premises Ordinance, 1979 were not invested in Rent Controller while deciding eviction application---Rent Controller had wide discretion to follow an

2016 YLR 824 KARACHI-HIGH-COURT-SINDH

Sindh · 2016

NAEEM ZIA KHAWAJA VS Mrs. HAMEEDA NIZAMUDDIN Cantonments Rent Restriction Act 1963--17 , Eviction petition--Term , Grounds--Term , Maintainability--TERM , S. 17----eviction petition---Grounds---Bona fide personal need regarding use of commercial property by landlady's children---Maintainability---Landlady filed petition for eviction of tenant on ground of personal bona fide need for use by

2016 YLR 824 KARACHI-HIGH-COURT-SINDH

Sindh · 2016

NAEEM ZIA KHAWAJA VS Mrs. HAMEEDA NIZAMUDDIN 2002 SCMR 1933, 2002 SCMR 789, 2013 CLC 622, Cantonments Rent Restriction Act 1963--17 , Eviction petition--Term , S. 17---eviction petition---Transfer of rented property by landlord/landlady---Validity---Landlady deposed in her cross-examination that after vacation of rented premises by tenant, she would transfer the same to her children---Hel

2016 YLR 274 KARACHI-HIGH-COURT-SINDH

Sindh · 2016

MUHAMMAD JAMIL VS IMTIAZ AHMED 1989 SCMR 949, 1993 MLD 1809, 1994 CLC 1891, 1994 SCMR 1012, 1995 CLC 348, 1997 MLD 2262, 2005 CLC 1070, PLD 1990 SC 382, PLD 1999 SC 1101, Constitutional petition--TERM , Ejectment of tenant--Term , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan, Art. 199--- Constitutional petition---Ejectment of tenant---Tenant could not resist

2016 YLR 120 KARACHI-HIGH-COURT-SINDH

Sindh · 2016

Mst. JAMILA VS MUHAMMAD IQBAL 1986 CLC 1408, 2003 MLD 1033, 2008 SCMR 236, 2009 MLD 538, 2013 YLR 2541, 2014 CLC 1242, PLD 1994 SC 501, PLD 2001 SC 415, PLD 2005 SC 418, PLD 2011 SC 905, PLD 2013 SC 478, Constitutional petition--TERM , Ejectment of tenant--Term , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan, Art. 199--- Constitutional petition---Ejectment of

2016 CLC 1871 KARACHI-HIGH-COURT-SINDH

Sindh · 2016

MUDASIR ILLAHI VS FAROOQUE AHMED KHAN 1987 MLD 2149, 1988 SCMR 819, 1989 SCMR 1366, 1992 SCMR 2400, 1992 SCMR 46, 1993 CLC 2370, 1996 SCMR 1178, 1998 SCMR 2119, 2001 SCMR 1197, 2002 SCMR 241, 2004 SCMR 578, 2008 SCMR 398, 2010 MLD 665, 2012 CLC 793, Eviction petition--Term , Proof--TERM , Requirement--Term , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--16

2016 CLC 1871 KARACHI-HIGH-COURT-SINDH

Sindh · 2016

MUDASIR ILLAHI VS FAROOQUE AHMED KHAN Eviction petition--Term , Sindh Rented Premises Ordinance 1979--15 , S. 15----eviction petition---Bona fide personal need of landlord---Scope---Right of landlord---Extent---Personal bona fide need of the landlord for the premises cannot be frustrated by the tenant by dictating the landlord to use or not to use the premises to meet his bona fide require

2016 CLC 1871 KARACHI-HIGH-COURT-SINDH

Sindh · 2016

MUDASIR ILLAHI VS FAROOQUE AHMED KHAN Eviction petition--Term , Good faith--TERM , Requirement--Term , Sindh Rented Premises Ordinance 1979--15 , S. 15 (2) (vii)----eviction petition---Bona fide personal need of landlord---Good faith---Scope---Nature of business, disclosure of---Requirement---Law does not require that the owner of the property must disclose the nature of the business, whic

2016 MLD 1796 KARACHI-HIGH-COURT-SINDH

Sindh · 2016

MUBARAK ALI VS MUHAMMAD ASLAM KHAN 1984 CLC 755, 1992 CLC 723, 1996 MLD 71, 1998 CLC 349, 2000 MLD 442, 2010 SCMR 1925, Eviction petition--Term , Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979--15 , Ss. 14 & 15----Intent and Scope of Ss.14 & 15, Sindh Rented Premises Ordinance, 1979---eviction petition---'Personal bona fide need' of landlord---Scope---Rent

2016 MLD 1509 KARACHI-HIGH-COURT-SINDH

Sindh · 2016

ABDUL MAJEED ANJUM VS ABIDA PARVEEN 1985 CLC 2085, 1991 SCMR 1381, 1993 MLD 1631, 1994 CLC 1891, 1994 SCMR 572, 1995 CLC 1708, 2013 YLR 1673, Applicability--Term , Burden of Proof--TERM , Constitutional petition--TERM , Eviction of tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 , Ss. 2(f)(j) & S. 15---Constitution of Pakistan, Art. 199---

2016 MLD 1067 KARACHI-HIGH-COURT-SINDH

Sindh · 2016

ASIF AZEEM SHAIKH VS The STATE through Home Secretary, Sindh PLD 2009 Kar. 120, Criminal Procedure Code (Cr.P.C) 1898--173 , Pakistan Penal Code 1860--319 , S. 173---Penal Code (XLV of 1860), S. 319---Qatl-i-Khata---Disposal of case under "C" class, instead of "B"---Petitioner, was aggrieved by order of Judicial Magistrate, whereby case against him was disposed of under "C" class---Police

2016 MLD 806 KARACHI-HIGH-COURT-SINDH

Sindh · 2016

Shaikh SULTAN AHMED VS IFTIKHARUDDIN PARACHA 1983 CLC 998, 1995 MLD 470, 1998 CLC 1987, 2001 YLR 3014, 2010 CLC 935, PLD 2009 SC 45, Constitutional petition--TERM , Eviction petition--Term , Maintainability--TERM , Sindh Rented Premises Ordinance 1979--21 , S. 21---Constitution of Pakistan, Art. 199---Constitutional petition---eviction petition---Appeal against interim order---Maintainabi

2016 MLD 624 KARACHI-HIGH-COURT-SINDH

Sindh · 2016

IQBAL AHMED VS MUHAMMAD NASIR 1989 MLD 4436, 1990 CLC 849, 2007 CLC 1956, 2007 CLC 1961, 2011 CLC 648, 2013 CLC 1021, 2015 CLC 663, Constitutional petition--TERM , Maintainability--TERM , Permissibility--Term , Remedy--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979--21 , Ss. 16 (1), 15 & 21(1)----Constituti

2016 MLD 358 KARACHI-HIGH-COURT-SINDH

Sindh · 2016

MUHAMMAD YASEEN VS NIZAMUDDIN 1997 CLC 1126, 2009 YLR 1052, 2010 SCMR 1925, 2011 CLC 1389, 2011 SCMR 589, Constitutional petition--TERM , Ejectment of tenant--Term , Requirement--Term , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan, Arts.199 & 23---Constitutional petition---Ejectment of tenant---Requirement---Personal bona fide need of landlord---Denial of re

2016 MLD 86 KARACHI-HIGH-COURT-SINDH

Sindh · 2016

AHSAN ASAD VS Mrs. RUBINA NAEEM 1999 CLC 2002, 2001 YLR 3014, 2008 CLC 1087, 2008 CLC 1415, 2008 CLC 387, 2009 MLD 186, 2010 CLC 346, 2014 MLD 812, Constitutional petition--TERM , Default in payment of rent--Term , Eviction of tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--16 , Ss. 15 & 16----Constitution of Pakistan, Art. 199---Constitutio

2016 CLC 1348 KARACHI-HIGH-COURT-SINDH

Sindh · 2016

IQBAL HUSSAIN VS MOAZAM ZAHEER KHAN 1989 SCMR 1366, 1992 SCMR 1152, 1994 SCMR 1507, 1999 MLD 1014, 2001 MLD 648, 2001 SCMR 1140, 2003 CLC 278, 2006 SCMR 1501, 2006 YLR 522, 2010 CLC 599, 2010 SCMR 1925, PLD 2010 SC 483, Default in payment of rent--Term , Ejectment of tenant--Term , Sindh Rented Premises Ordinance 1979--10 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ord

2016 CLC 1024 KARACHI-HIGH-COURT-SINDH

Sindh · 2016

ABDUL HUSSAIN TEHIRALLY VS ADDITIONAL DISTRICT JUDGE OF COURT NO.VI, KARACHI SOUTH 1981 CLC 1091, 1982 CLC 1599, 1984 CLC 2459, 1985 MLD 419, 1986 SCMR 1873, 1987 CLC 1938, 1987 SCMR 307, 1989 CLC 1338, 1989 CLC 2003, 1989 CLC 49, 1989 CLC 494, 1989 CLC 506, 1989 SCMR 1327, 1990 MLD 337, 1991 CLC 623, 1991 MLD 1297, 1991 MLD 801, 1991 SCMR 1944, 1992 CLC 2504, 1992 MLD 1225, 1993 MLD 469, 1993

2016 PLC 201 KARACHI-HIGH-COURT-SINDH

Sindh · 2016

RIAZ HUSSAN VS VITH CIVIL JUDGE AND JUDICIAL MAGISTRATE, KARACHI Industrial and Commercial Employment (Standing Orders) Ordinance 1968--S.O. 16 , Industrial Relations Act 2012--54 , Termination from service--Term , S.O. 16---Industrial Relations Act (X of 2012), S.54---Termination from service---Status quo order passed by National Industrial Relations Commission-eviction of employees from

2016 YLRN 82 KARACHI-HIGH-COURT-SINDH

Sindh · 2016

WAQAR AHMED VS MUHAMMAD MUSTAFA KHAN Ejectment of tenant--Term , Sindh Rented Premises Ordinance 1979--15 , S. 15---Ejectment of tenant---Personal bona fide need of landlord---Scope---Contention of tenant was that landlord had more shops in the premises and requirement for personal use was based on mala fide---eviction petition was accepted concurrently---Validity---Existence of relationsh

2016 YLRN 48 KARACHI-HIGH-COURT-SINDH

Sindh · 2016

TANVEER AHMED MALIK VS IX-SENIOR CIVIL JUDGE AND RENT CONTROLLER, KARACHI EAST 1989 CLC 2003, PLD 2012 Sindh 449, Applicability--Term , Code of Civil Procedure 1908--11 , Constitutional petition--TERM , Default in payment of rent--Term , Ejectment of tenant--Term , Sindh Rented Premises Ordinance 1979--15 , S. 15---Civil Procedure Code (V of 1908), S. 11---Constitution of Pakistan, Art.19

2016 CLCN 155 KARACHI-HIGH-COURT-SINDH

Sindh · 2016

USMAN VS MUHAMMAD YOUNUS GONDAL Eviction of tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--18 , Ss. 15 & 18---Change in ownership of the premises---Non-payment of rent to the new owner---eviction of tenant---Scope---Plea of pagri---Scope---Tenants had been served with notice for change in the ownership of premises---Appellate Court had discu

2016 CLCN 153 KARACHI-HIGH-COURT-SINDH

Sindh · 2016

ABDUL WAHAB VS SAIFEE HOSPITAL Default in payment of rent--Term , Legality--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Default in payment of rent---Direct deposit of rent in court without offering to the landlord---Legality---Personal bona fide need of landlord---Scope---Tenant did not tender the rent to the landlord directly or through money order and deposited the same in

2016 CLCN 149 KARACHI-HIGH-COURT-SINDH

Sindh · 2016

AZIZ DARUGAR VS ISRAFEEL AND SONS Civil Procedure Code --Order VI of C.P.C. Pleading Generally--17 , Civil Procedure Code --Order XLI of C.P.C. Appeals from Original Decrees--27 , Ejectment of tenant--Term , Sindh Rented Premises Ordinance 1979--15 , S. 15---Civil Procedure Code (V of 1908), O. VI, R. 17 & O. XLI, R. 27---Ejectment of tenant---Non-payment of rent---Additional evidence, pro

2016 CLCN 148 KARACHI-HIGH-COURT-SINDH

Sindh · 2016

MUHAMMAD UMAR VS The VIITH ADDITIONAL DISTRICT JUDGE, KARACHI (EAST) Sindh Rented Premises Ordinance 1979--14 , S. 14---Landlord sought eviction of tenant from the demised premises for his personal use---Ejectment petition was accepted concurrently---Validity---Landlord owned and possessed residential-cum-commercial building having two demised shops at the ground floor of the building---La

2016 CLCN 109 KARACHI-HIGH-COURT-SINDH

Sindh · 2016

AYUB LAMBAT VS VALIKA PROPERTIES (PVT.) LTD. Constitutional petition--TERM , Ejectment of tenant--Term , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Oral rent agreement---Default in payment of electricity bill---Effect---Ejectment application was accepted on the ground of default in payment of elect

2016 CLCN 78 KARACHI-HIGH-COURT-SINDH

Sindh · 2016

KHALID BROTHERS VS SAJID HUSAIN Ejectment of tenant--Term , Personal bona fide need of landlord--Term , Proof--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Ejectment of tenant---Personal bona fide need of landlord---Proof---Scope---Contention of landlord was that demised premises was required for his personal bona fide need---Ejectment petition was accepted concurrently---Vali

2016 CLCN 51 KARACHI-HIGH-COURT-SINDH

Sindh · 2016

HABIB HASHIM VS Mrs. ZAHEER Bona fide personal need of landlord--Term , Ejectment petition--term , Sindh Rented Premises Ordinance 1979--15 , S. 15---Ejectment petition---Bona fide personal need of landlord---Merely because the landlord had other tenements in the same area, would not disentitle him to seek eviction of the tenant on the ground of personal need as it was for a landlord to se

2016 CLCN 51 KARACHI-HIGH-COURT-SINDH

Sindh · 2016

HABIB HASHIM VS Mrs. ZAHEER Bona fide personal need of landlord--Term , Ejectment of tenant--Term , Sindh Cultural Heritage (Preservation) Act 1994--PREAMBLE , Sindh Rented Premises Ordinance 1979--15 , S. 15---Sindh Cultural Heritage (Preservation) Act (XII of 1994)---Ejectment of tenant---Bona fide personal need of landlord---Plea of the tenant was that the demised premises had been decl

2016 YLR 1538 ISLAMABAD

ICT · 2016

NAJEEB ULLAH KHAN VS Mst. HAMEEDA CHAUDHRY 1973 SCMR 112, 1999 SCMR 1326, 2004 SCMR 145, 2004 SCMR 1453, 2007 CLC 601, 2009 CLC 52, 2009 SCMR 1008, 2015 SCMR 642, 2015 YLR 2405, 2016 SCMR 40, Ejectment of tenant--Term , Islamabad Rent Restriction Ordinance 2001--17 , S. 17---Ejectment of tenant---Non-deposit of arrears of rent---Defence, striking off---Scope---Rent Controller directed the

2016 YLR 405 ISLAMABAD

ICT · 2016

KHUSHNOOD AHMAD VS ADDITIONAL DISTRICT JUDGE, ISLAMABAD 1992 SCMR 46, 1994 SCMR 1012, 1998 SCMR 2525, 2000 SCMR 1305, 2001 SCMR 1001, 2007 PLC 64, 2008 CLC 1666, 2009 CLC 289, 2010 SCMR 1925, 2011 CLC 652, 2011 CLC 846, 2011 SCMR 320, 2013 MLD 118, PLD 1965 SC 90, PLD 1971 SC 124, PLD 1974 SC 134, PLD 1986 Kar. 309, PLD 2003 Quetta 11, PLD 2013 SC 775, Ejectment of tenant--Term , Islamabad R

2016 PCrLJ 672 ISLAMABAD

ICT · 2016

SAJID JAVED VS ADDITIONAL SESSIONS JUDGE (WEST) ISLAMABAD 2000 SCMR 785, 2008 PCr.LJ 719, 2010 PCr.LJ 575, 2013 PCr.LJ 953, 2014 YLR 1791, 2014 YLR 390, 2015 PCr.LJ 913, 2015 YLR 715, PLD 2007 Lah. 231, PLD 2011 Lah. 340, PLD 2015 Lah. 93, Commencement of trial--Term , Criminal Procedure Code (Cr.P.C) 1898--265-C , Criminal Procedure Code (Cr.P.C) 1898--265-D , Illegal Dispossession Act 2005

2016 MLD 1302 ISLAMABAD

ICT · 2016

FARHAD KHAN VS ASAD ZULFIQAR 1991 SCMR 1158, 1992 SCMR 46, 1993 SCMR 200, 1998 SCMR 2525, 2000 SCMR 903, 2001 SCMR 1700, 2004 SCMR 1607, 2007 SCMR 518, 2009 SCMR 1008, 2011 CLC 1844, 2011 YLR 1535, 2012 CLC 179, 2012 CLC 906, 2012 SCMR 1498, 2012 SCMR 854, 2013 CLC 963, 2015 CLC 1204, 2015 CLC 1247, 2015 YLR 2683, PLD 1968 Lah. 20, PLD 2003 SC 277, PLD 2004 SC 682, PLD 2013 Lah. 119, PLD 2013 S

2016 MLD 1302 ISLAMABAD

ICT · 2016

FARHAD KHAN VS ASAD ZULFIQAR Islamabad Rent Restriction Ordinance 2001--5 , S. 5---No written rent agreement---Effect---When there was no written rent agreement between the parties then landlord would be at liberty to institute eviction petition at any stage---Unregistered tenancy agreement did not create any right or interest.

2016 MLD 1121 ISLAMABAD

ICT · 2016

MUHAMMAD SHAHID FAHIM VS ABDULLAH TAYYAB 1981 SCMR 18, 1993 CLC 2435, 2001 YLR 2767, 2003 CLC 1819, 2004 SCMR 1070, 2007 CLC 601, 2008 MLD 1659, 2009 CLC 52, 2009 SCMR 1008, 2014 YLR 1525, 2015 YLR 2405, PLD 1988 Quetta 42, Ejectment of tenant--Term , Islamabad Rent Restriction Ordinance 2001--17 , S. 17---Ejectment of tenant---Tentative rent, non-deposit of---Defence, striking off---Scop

2016 CLC 1905 ISLAMABAD

ICT · 2016

ATIQ-UR-REHMAN VS NAJMA TABASSUM 1990 SCMR 530, 1997 CLC 1822, 2000 SCMR 556, 2003 YLR 1722, 2008 CLC 1666, 2008 CLC 547, 2010 CLC 1590, 2014 SCMR 630, 2015 CLC 663, 2015 MLD 417, 2016 MLD 624, PLD 1965 SC 459, PLD 1995 Lah. 392, Eviction petition--Term , Islamabad Rent Restriction Ordinance 2001--21 , S. 21(2)----eviction petition---Interim order passed by Rent Controller---Tenant did no

2016 CLC 1838 ISLAMABAD

ICT · 2016

MUHAMMAD ANWAR VS ADDITIONAL DISTRICT AND SESSIONS JUDGE Constitutional petition--TERM , Ejectment of tenant--Term , Islamabad Rent Restriction Ordinance 2001--17 , S. 17---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Landlord had proved the grounds mentioned in the eviction petition---Tenant had failed to point out any legal or factual infirmity in t

2016 CLC 1732 ISLAMABAD

ICT · 2016

WAHEED AHMED VS BABAR KHAN 1982 SCMR 8, 1985 MLD 1530, 1989 CLC 599, 1989 CLC 604, 1989 CLC 757, 1995 SCMR 194, 1995 SCMR 730, 1999 SCMR 54, 2011 MLD 373, 2012 SCMR 954, 2013 CLC 963, 2015 YLR 2290, 2015 YLR 500, PLD 2007 SC 45, Eviction petition--Term , Islamabad Rent Restriction Ordinance 2001--17 , S. 17---eviction petition---Ejectment of tenant due to structural change in demised prem

2016 CLC 1451 ISLAMABAD

ICT · 2016

MUHAMMAD RAFIQUE VS FARIDA KHAN 2000 MLD 82, 2004 CLC 862, 2006 SCMR 1068, 2011 SCMR 320, 2013 YLR 1881, 2013 YLR 1898, 2015 CLC 1383, PLD 1991 SC 242, PLD 1999 SC 1101, Eviction of tenant--TERM , Islamabad Rent Restriction Ordinance 2001--14 , Islamabad Rent Restriction Ordinance 2001--17 , Islamabad Rent Restriction Ordinance 2001--18 , Islamabad Rent Restriction Ordinance 2001--21 , Islam

2016 CLC 1051 ISLAMABAD

ICT · 2016

NADEEM RAZA ABBASI VS Sardar ABU BAKAR 1980 SCMR 41, 1983 CLC 2045, 1983 SCMR 1227, 1987 SCMR 2074, 1989 MLD 1174, 2008 CLC 650, 2009 SCMR 846, 2013 SCMR 314, 2015 SCMR 832, Ejectment of tenant--Term , Islamabad Rent Restriction Ordinance 2001--17 , Islamabad Rent Restriction Ordinance 2001--6 , Lease agreement--Rule , Ss. 17 & 6---Ejectment of tenant---Lease agreement---Plea of reconstru

2016 CLC 1051 ISLAMABAD

ICT · 2016

NADEEM RAZA ABBASI VS Sardar ABU BAKAR Eviction petition--Term , Islamabad Rent Restriction Ordinance 2001--17 , S. 17---eviction petition---Lease agreement---Scope---Relationship of landlord and tenant would be governed by terms and conditions set in the lease agreement.

2016 CLC 1051 ISLAMABAD

ICT · 2016

NADEEM RAZA ABBASI VS Sardar ABU BAKAR Ejectment petition--term , Islamabad Rent Restriction Ordinance 2001--17 , S. 17---Ejectment petition---Agreement to sell---Scope---Agreement to sell did not fetter right to seek eviction of tenant.

2016 CLC 474 ISLAMABAD

ICT · 2016

NADEEM YOUNAS VS ADDITIONAL DISTRICT JUDGE 1986 SCMR 751, 1988 SCMR 775, 1990 MLD 2300, 1990 MLD 2356, 1991 CLC 1134, 1991 SCMR 1185, 1992 SCMR 871, 2000 SCMR 632, 2005 CLC 1119, 2009 SCMR 846, Default in payment of rent--Term , Ejectment of tenant--Term , Islamabad Rent Restriction Ordinance 2001--17 , Lease agreement--Rule , S. 17---Ejectment of tenant---Default in payment of rent---Def

2015 MLD 330 SUPREME-COURT-AZAD-KASHMIR

Supreme Court · 2015

MUHAMMAD ANAYAT KHAN VS Sardar MUHAMMAD ILTAF KHAN 1996 PLC 411, 2012 MLD 1707, 2013 YLR 169, 2014 CLC 758, PLD 2009 Lah. 140, Appeal to Supreme Court--TERM , Azad Jammu and Kashmir Interim Constitution Act 1974--42 , Azad Jammu and Kashmir Rent Restriction Act 1986--14 , Competence--Term , Eviction of tenant--TERM , Necessary party--Term , S. 14---Azad Jammu and Kashmir Interim Constitut

2015 SCMR 380 SUPREME-COURT

Supreme Court · 2015

UNITED BANK LIMITED VS NOOR-UN-NISA Belated claim of ownership--Term , Displaced Persons (Compensation and Rehabilitation) Act 1958--10 , Specific Relief Act 1877--39 , Specific Relief Act 1877--42 , Specific Relief Act 1877--54 , Specific Relief Act 1877--8 , Ss. 8, 39, 42 & 54---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 10---Suit for possession, cancell

2015 PLD 33 SUPREME-COURT

Supreme Court · 2015

MUHAMMAD AMIN LASANIA VS ILYAS MARINE AND ASSOCIATES 1991 CLC 203, 1994 SCMR 1900, PLD 1990 SC 681, Ejectment petition--term , Limitation Act 1908--First Sche , Limitation Act 1908--SCHI, 110 , Maintainability--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Limitation Act (IX of 1908), First Sched. Art.110--- Ejectment petition---Maintainability---Recovering of rent---Period of

2015 YLR 440 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2015

MUHAMMAD ASLAM VS MIRA JAN 1991 CLC 773, 1991 MLD 1578, 1991 SCMR 1376, 2002 SCMR 1089, 2003 SCMR 1864, 2004 SCMR 704, 2007 CLC 154, 2009 YLR 2294, 2011 SCMR 320, PLD 2006 SC 549, PLD 2007 SC 45, PLD 2011 SC 119, Ejectment of tenant--Term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Ejectment of tenant---Denial of relationship of landlord and tenant by the tenant---

2015 MLD 1468 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2015

RUKHSANA HIDAYATULLAH VS Syed BAHAUDDIN Landlord and Tenant--TERM , Transfer of Property Act 1882--55 , S. 55(1) (a) & (5) (d)---Rights and liabilities of buyer and seller of the property---Scope---Landlord and tenant---Seller of the property was bound to disclose all the encumbrances, charges, dues against a property to the buyer---Buyer had prerogative to purchase the property after havi

2015 MLD 267 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2015

SINGER PAKISTAN LTD. VS NASIR ALI MEER 2013 CLC 1558, Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--99 , Code of Civil Procedure 1908--151 , Code of Civil Procedure 1908--47 , Code of Civil Procedure 1908--94 , Ejectment of tenant--Term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , O.XXI, R. 99 & Ss. 47, 94, 151, 2(2)---West Pakistan Urban Rent

2015 CLC 620 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2015

LA GUARDIA GROUP OF COMPANIES VS ABDUL NAFEY Eviction of tenant--TERM , Limitation Act 1908--SCHI, 164 , Limitation--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , Art. 164---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13---eviction of tenant---Ex parte order, setting aside of---Limitation---Period of thirty days for filing an application to set aside e

2015 CLC 620 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2015

LA GUARDIA GROUP OF COMPANIES VS ABDUL NAFEY 1987 SCMR 845, PLD 1979 SC 18, Applicability--Term , Civil Procedure Code --Order IX of C.P.C. Appearance of Parties and Consequence of Non-Appearance--6 , Civil Procedure Code --Order V of C.P.C. Issues and Service of Summons--12 , Civil Procedure Code --Order V of C.P.C. Issues and Service of Summons--20 , Ejectment of tenant--Term , Limitation

2015 YLR 2570 PESHAWAR-HIGH-COURT

KPK · 2015

RIFFATULLAH JAN VS BASHIR ZADA 2004 SCMR 126, PLD 2006 SC 549, Cantonments Rent Restriction Act 1963--17 , Constitutional petition--TERM , Ejectment of tenant--Term , S. 17---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Adjournment of ejectment application sine die due to pendency of civil litigation---Scope---Question of title---Application for res

2015 YLR 2039 PESHAWAR-HIGH-COURT

KPK · 2015

Haji AKBAR KHAN VS WAJID ZAHOOR 1990 SCMR 1070, 2000 SCMR 903, 2001 SCMR 1287, 2006 SCMR 152, 2010 YLR 874, 2012 SCMR 1679, Constitutional petition--TERM , Ejectment of tenant--Term , Proof--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Constitution of Pakistan, Art. 199--- Constitutional petition---Ejectment of tenant---Bona fide personal need of landlord---Pro

2015 YLR 2039 PESHAWAR-HIGH-COURT

KPK · 2015

Haji AKBAR KHAN VS WAJID ZAHOOR 1972 SCMR 47, 2001 SCMR 1801, 2002 SCMR 371, 2003 CLC 878, PLD 2001 SC 415, Concurrent findings--Term , Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Maintainability--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , Art. 199---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13---Constitutional petition--

2015 YLR 308 PESHAWAR-HIGH-COURT

KPK · 2015

MUSHTAQ AHMAD VS TAHIR ADAM 1980 SCMR 593, 1994 SCMR 355, 1996 SCMR 1178, 1997 SCMR 1062, 2001 SCMR 550, 2004 SCMR 1607, 2004 SCMR 964, 2008 CLC 87, 2011 YLR 182, PLD 1976 Kar. 832, PLD 2007 SC 31, Cantonments Rent Restriction Act 1963--17 , Eviction of tenant--TERM , S. 17---eviction of tenant---Bona fide personal need of landlord---Striking off defence of tenants---Validity---Relationsh

2015 MLD 1642 PESHAWAR-HIGH-COURT

KPK · 2015

ABDUL SAMAD KHAN VS JAMSHED 2001 SCMR 1434, Constitutional petition--TERM , Ejectment of tenant--Term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Default in payment of rent---Personal bona fide need of landlord---Denial of relationship of landlord and tenant by the tenant---Landlor

2015 CLC 1682 PESHAWAR-HIGH-COURT

KPK · 2015

TUFAIL VS AURANGZEB 1979 CLC 230, PLD 2009 SC 198, Burden of Proof--TERM , Partition Act 1893--4 , S. 4---Suit for possession on basis of private partition---Private Partition---Burden of proof---Co-owner, status of---eviction of co-owner---Preliminary decree, grant of---Plaintiff filed suit for possession of suit property on basis of private partition between predecessors of parties to s

2015 CLC 1247 PESHAWAR-HIGH-COURT

KPK · 2015

Malik TAHIR MEHMOOD VS NATIONAL BANK OF PAKISTAN 2001 SCMR 1197, Constitutional petition--TERM , Ingredients--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13-A , West Pakistan Urban Rent Restriction Ordinance 1959--13 , Ss. 13 & 13-A---Constitution of Pakistan, Art.199--Constitutional petition--- Application for eviction of tenant--- Ingredients--- Good faith---Default in p

2015 CLC 1014 PESHAWAR-HIGH-COURT

KPK · 2015

SHER AJMAL VS FAYYAZ RASOOL PLD 1977 Pesh. 80, PLD 2007 Lah. 385, Constitutional petition--TERM , Ejectment of tenants--Term , West Pakistan Urban Rent Restriction Ordinance 1959--13-A , West Pakistan Urban Rent Restriction Ordinance 1959--13 , Ss. 13, 13-A, 2(c) & 13(5-A)---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenants---Landlords filed eviction petit

2015 YLR 2514 LAHORE-HIGH-COURT-LAHORE

Punjab · 2015

Ch. MUHAMMAD AKRAM VS Mst. ZEBA ZAREEN 1992 SCMR 871, 2000 YLR 2716, 2004 SCMR 1852, PLD 2003 SC 477, PLD 2009 SC 453, Constitutional petition--TERM , Eviction petition--Term , Punjab Rented Premises Ordinance 2007--15 , S. 15---Constitution of Pakistan, Art. 199---Constitutional petition---eviction petition---Default in payment of rent-- Denial of relationship of tenant and landlord---Pe

2015 YLR 1617 LAHORE-HIGH-COURT-LAHORE

Punjab · 2015

ZAHEER AHMAD BABAR VS ADDITIONAL DISTRICT JUDGE, LAHORE Constitutional petition--TERM , Ejectment petition--term , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--2 , Punjab Rented Premises Act 2009--22 , S. 2(e), 15 & 22---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment petition---Joint property owned by four owners---Portion of joint proper

2015 YLR 1179 LAHORE-HIGH-COURT-LAHORE

Punjab · 2015

MUHAMMAD SAEED AKHTAR BUTT VS ADDITIONAL DISTRICT JUDGE, LAHORE PLD 1980 SC 9, PLD 2000 SC 787, PLD 2003 SC 477, Constitutional petition--TERM , Eviction of tenant--TERM , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--22 , Ss. 15 & 22---Constitution of Pakistan, Art. 199---Constitutional petition---eviction of tenant---Default in payment of rent---Ejectment petiti

2015 YLR 1092 LAHORE-HIGH-COURT-LAHORE

Punjab · 2015

ZAFAR IQBAL VS DILSHAD AHMAD 1994 SCMR 1881, 1999 MLD 2821, 2004 CLC 582, Competency--Term , Constitutional petition--TERM , Punjab Rented Premises Act 2009--15 , S.15---Constitution of Pakistan, Art.199--Constitutional petition---Application for eviction of tenant by one of the legal heirs/owners of demised premises---Competency---Personal bona fide need of landlord---Default in payment

2015 YLR 595 LAHORE-HIGH-COURT-LAHORE

Punjab · 2015

MANZAR SHAH alias MANZAR HUSSAIN NAQVI VS Ch. SHAFQUAT HUSSAIN 1999 SCMR 1881, 2005 CLC 1700, 2005 MLD 1232, 2010 CLC 1557, 2011 MLD 1484, 2011 SCMR 1813, Constitutional petition--TERM , Default in payment of rent--Term , Ejectment of tenant--Term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Constitution of Pakistan, Art. 199--- Constitutional petition---Ejectment o

2015 YLR 544 LAHORE-HIGH-COURT-LAHORE

Punjab · 2015

HASSAN ALI GONDAL VS KARIM ENTERPRISES Code of Civil Procedure 1908--24 , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--22 , S.24---Punjab Rented Premises Act (VII of 2009), Ss. 15 & 22---Constitution of Pakistan, Art. 10-A---Application for eviction of tenant---Transfer of eviction application---Bias in Rent Tribunal---Scope---Tenants filed application for transfe

2015 PLD 226 LAHORE-HIGH-COURT-LAHORE

Punjab · 2015

HASHMAT TAJ VS Mrs. SURAYYA TARIQ 1968 SCMR 828, 1986 CLC 975, 2013 PLC (C.S.) 1089, PLD 1991 SC 165, PLD 1994 Lah. 252, Appeal--TERM , Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--24 , Ejectment petition--term , Maintainability--TERM , Ss. 24 & 17---Ejectment petition---Appeal---Maintainability---"Aggrieved party"---Scope---Petitioner moved applicati

2015 CLC 1546 LAHORE-HIGH-COURT-LAHORE

Punjab · 2015

Dr. MUHAMMAD AFZAL HUSSAIN VS ADDITIONAL DISTRICT JUDGE, LAHORE Eviction of tenant--TERM , Proof of relationship--Term , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--5 , Ss. 15 & 5---eviction of tenant---Agreement between landlord and tenant---Proof of relationship---Unless a person established his title qua the suit property beyond any doubt, he would not be comp

2015 CLC 1546 LAHORE-HIGH-COURT-LAHORE

Punjab · 2015

Dr. MUHAMMAD AFZAL HUSSAIN VS ADDITIONAL DISTRICT JUDGE, LAHORE Eviction of tenant--TERM , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--5 , Tenancy agreement--Term , Ss. 15 & 5---eviction of tenant---Tenancy agreement---Scope---Person claiming himself to be owner or landlord of premises seeking eviction of tenant in ejectment petition must be equipped with a tenan

2015 CLC 1331 LAHORE-HIGH-COURT-LAHORE

Punjab · 2015

IFTIKHAR AHMAD KHAN VS MUHAMMAD QAYYUM 1986 SCMR 1267, 1989 SCMR 205, Constitutional petition--TERM , Maintainability--TERM , Punjab Rented Premises Act 2009--15 , S. 15---Constitution of Pakistan, Art.199---Constitutional petition---Maintainability---Application for eviction of tenant---Impleadment of party---Ejectment petition was accepted and appeal was filed wherein an application for

2015 CLC 1204 LAHORE-HIGH-COURT-LAHORE

Punjab · 2015

ASLAM ALI SHAH VS MUHAMMAD AZAM Ejectment of tenant--Term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Ejectment of tenant---Landlord filed eviction petition on the grounds of violation of the terms of rent deed, subletting and personal need for his "brother"---Petition was accepted concurrently---Validity---Brother could not be included in the list of children---No

2015 MLD 1127 LAHORE-HIGH-COURT-LAHORE

Punjab · 2015

MEHMOOD AKHTAR MAQBOOL VS ADDITIONAL DISTRICT JUDGE 2012 SCMR 91, 2013 CLC 185, PLD 2009 Lah. 469, PLD 2011 Lah. 42, PLD 2012 Lah. 107, Constitutional petition--TERM , Ejectment of tenant--Term , Limitation--TERM , Punjab Rented Premises Ordinance 2007--15 , Punjab Rented Premises Ordinance 2007--21 , Punjab Rented Premises Ordinance 2007--22 , Ss. 15, 21 (1) & 22 (6)---Constitution of Pa

2015 MLD 987 LAHORE-HIGH-COURT-LAHORE

Punjab · 2015

SHAFAQ AQEEL VS SHAFQAT ALI AMJAD 2001 SCMR 338, 2009 SCMR 1077, PLD 1991 SC 242, PLD 2001 SC 149, Constitutional petition--TERM , Default in payment of rent--Term , Eviction of tenant--TERM , Punjab Rented Premises Act 2009--15 , S. 15---Constitution of Pakistan, Art. 199---Constitutional petition---eviction of tenant---Personal bona fide need of landlady---Default in payment of rent---D

2015 CLC 1009 LAHORE-HIGH-COURT-LAHORE

Punjab · 2015

Syed IRFAN ALI SHAH VS MUHAMMAD IMRAN 2008 CLC 136, 2014 SCMR 630, Eviction petition--Term , Punjab Rented Premises Act 2009--15 , S. 15---eviction petition---Personal bona fide need of landlord---Non-framing of issues---Effect---Breach of terms of rent deed by tenant---Contention of tenant was that neither any issue was framed with regard to personal bona fide need nor parties had adduce

2015 MLD 171 LAHORE-HIGH-COURT-LAHORE

Punjab · 2015

Mst. NASIRA AFRIDI VS MUHAMMAD AKBAR PLD 1996 SC 1, Ancestral property--Term , Burden of Proof--TERM , Cantonments Rent Restriction Act 1963--17 , Default in payment of rent--Term , Ejectment petition--term , Maintainability--TERM , Payment of rent--Term , Qanun-e-Shahadat Order 1984--117 , S. 17---Qanun-e-Shahadat (10 of 1984), Art. 117---Ejectment petition---Maintainability---Denial of

2015 CLC 776 LAHORE-HIGH-COURT-LAHORE

Punjab · 2015

MUHAMAD YASMIN VS Mst. NAHEED BANO PLD 1967 Kar. 35, PLD 1986 Lah. 14, PLD 1991 Lah. 1, Appeal--TERM , Constitutional petition--TERM , Ejectment of tenant--Term , Limitation--TERM , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--21 , Punjab Rented Premises Act 2009--31 , Ss. 15, 21(b) & 31---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment o

2015 CLC 606 LAHORE-HIGH-COURT-LAHORE

Punjab · 2015

KAUSAR FIRDOUS VS Mian M. ZIA Civil Procedure Code --Order I of C.P.C. Parties to Suits--10 , Ejectment petition--term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , O. I, R. 10---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss.13 & 15---Ejectment petition---Impleadment as a party---Scope---Appellants mo

2015 CLC 606 LAHORE-HIGH-COURT-LAHORE

Punjab · 2015

KAUSAR FIRDOUS VS Mian M. ZIA PLD 1991 SC 52, Appeal--TERM , Competency--Term , Eviction petition--Term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 15 & 13---eviction petition---Interim order---Appeal---Competency---Appeal against interim order of Rent Controller was not competent.

2015 CLC 229 LAHORE-HIGH-COURT-LAHORE

Punjab · 2015

ABDUL GHAFOOR VS ADDITIONAL DISTRICT JUDGE 2004 SCMR 1568, 2009 SCMR 784, 2010 SCMR 1071, 2010 SCMR 795, PLD 2003 SC 228, PLD 2006 SC 549, Constitutional petition--TERM , Ejectment of tenant--Term , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--24 , Ss. 24 & 15---Constitution of Pakistan, Art. 199---Constitutional petition--- Ejectment of tenant---Default in payme

2015 YLR 2683 KARACHI-HIGH-COURT-SINDH

Sindh · 2015

MUHAMMAD IMRAN VS GHULAM MUSTAFA 1987 SCMR 2051, 1995 SCMR 146, 1996 SCMR 1233, 2000 SCMR 542, 2001 SCMR 338, Constitutional petition--TERM , Ejectment of tenant--Term , Proof--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Personal bona fide need of landlord---Proof---Suppression of facts by t

2015 YLR 1714 KARACHI-HIGH-COURT-SINDH

Sindh · 2015

WALI BHAI VS DISTRICT JUDGE, HYDERABAD 1991 SCMR 2300, PLD 1973 SC 236, PLD 1975 SC 331, PLD 1982 SC 465, PLD 2001 SC 514, Constitutional petition--TERM , Ejectment of tenant--Term , Lease agreement--Rule , Qanun-e-Shahadat Order 1984--117 , Qanun-e-Shahadat Order 1984--132 , Qanun-e-Shahadat Order 1984--2 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 ,

2015 YLR 124 KARACHI-HIGH-COURT-SINDH

Sindh · 2015

Syed ALI ATHAR VS Mst. SHAHIDA FATIMA 1993 CLC 1020, 1996 SCMR 1524, 2003 YLR 2610, 2008 SCMR 236, 2008 SCMR 456, PLD 1994 SC 501, PLD 2005 SC 343, Code of Civil Procedure 1908--12 , Constitutional petition--TERM , Ingredients--TERM , Misrepresentation and fraud--Term , Sindh Rented Premises Ordinance 1979--15 , S. 15---Civil Procedure Code (V of 1908), S. 12(2)---Constitution of Pakistan

2015 CLC 1786 KARACHI-HIGH-COURT-SINDH

Sindh · 2015

Mrs. MARYAM A. MUNIF VS Mrs. GHAZAL BUKHARI 1984 CLC 2213, 1985 SCMR 1996, 1986 CLC 1628, 1988 SCMR 819, 1990 SCMR 1070, 1990 SCMR 544, 1991 SCMR 1307, 1992 SCMR 1799, 1994 SCMR 355, 1996 SCMR 1178, 1997 CLC 905, 1997 MLD 1, 1999 SCMR 1353, 2000 CLC 1252, 2000 CLC 2005, 2000 CLC 274, 2001 SCMR 981, 2003 SCMR 1398, 2006 SCMR 145, 2009 CLC 215, 2009 CLC 279, 2010 CLC 308, 2010 CLC 447, 2010 SCMR

2015 MLD 1830 KARACHI-HIGH-COURT-SINDH

Sindh · 2015

MUHAMMAD RAFIQ VS Dr. NAJMA BEGUM 1983 CLC 85, 1984 CLC 931, 1990 SCMR 1117, 1993 MLD 1530, 1997 CLC 992, Constitutional petition--TERM , Ejectment of tenant--Term , Requirements--Term , Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , Ss. 14, 15 & 21---Constitution of Pakistan, Art.199---Constitutional petiti

2015 MLD 1598 KARACHI-HIGH-COURT-SINDH

Sindh · 2015

Syed ZAFAR ABBBAS JAFRI VS Syeda ABIDA SULTANA Civil Procedure Code --Order I of C.P.C. Parties to Suits--10 , Eviction petition--Term , Parties to Suit--TERM , Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979--15 , S. 14 (3) & 15---Civil Procedure Code (V of 1908), O. I, R. 10----Constitution of Pakistan, Art. 199---eviction petition---Parties to suit---Impl

2015 MLD 1577 KARACHI-HIGH-COURT-SINDH

Sindh · 2015

Dr. MASUMA HASAN VS MUHAMMAD HAFEEZ 1997 CLC 1500, 1999 SCMR 348, 2000 CLC 1841, 2000 SCMR 1356, 2000 SCMR 1613, 2000 SCMR 1960, 2002 SCMR 241, 2002 SCMR 333, 2002 SCMR 412, 2010 CLC 365, 2010 SCMR 1915, PLD 2003 SC 277, PLD 2003 SC 280, PLD 2004 SC 465, PLD 2004 SC 489, Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan, Arts.199 &

2015 MLD 1077 KARACHI-HIGH-COURT-SINDH

Sindh · 2015

ABDUL WAHAB VS MUHAMMAD NAFEEZ Conditions--Term , Constitutional petition--TERM , Ejectment of tenant--Term , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Conditions---Personal bona fide need of landlord---Default in payment of rent---Good faith---Scope---Tenancy agreement between the parties for a pe

2015 CLC 1253 KARACHI-HIGH-COURT-SINDH

Sindh · 2015

MUHAMMAD SANAWAR KHAN VS AKHTAR KHAN 1984 CLC 2135, 1988 CLC 1833, 1998 CLC 1050, 2006 SCMR 152, 2008 SCMR 398, 2009 YLR 2234, 2013 CLC 280, 2013 MLD 52, PLD 1994 SC 716, PLD 2000 Kar. 119, Constitutional petition--TERM , Ejectment of tenant--Term , Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979--15 , Ss. 15 & 14---Constitution of Pakistan, Art.199---Const

2015 MLD 595 KARACHI-HIGH-COURT-SINDH

Sindh · 2015

Dr. ZAFAR SAIED SAIFY VS FEDERATION OF PAKISTAN through Secretary, Ministry of Science and Technology Constitutional petition--TERM , Sindh Public Property (Removal of Encroachment) Act 2010--3 , Sindh Public Property (Removal of Encroachment) Act 2010--4 , Sindh Public Property (Removal of Encroachment) Act 2010--8 , Ss. 3(1) 4 & 8(1)---Constitution of Pakistan, Art.199---Constitutional p

2015 MLD 216 KARACHI-HIGH-COURT-SINDH

Sindh · 2015

SHARAFAT VS UMER HAYAT Application for ejectment--Term , Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15(2)(vi), (3) & (4)---Constitution of Pakistan, Art.199---Constitutional petition---Application for ejectment---Property/building required by landlord for re-construction---Claim of tenant for induction in other property of landlord---Scope---Respondent/la

2015 CLC 663 KARACHI-HIGH-COURT-SINDH

Sindh · 2015

ABDUL FAROOQUE VS MAQSOOD AHMED 2009 MLD 144, PLD 2009 SC 45, Appeal--TERM , Constitutional petition--TERM , Ejectment of tenant--Term , Maintainability--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979--21 , Ss. 15, 16 & 21---Constitution of Pakistan, Art.199---Constitutional petition--- Maintainability--- E

2015 CLC 293 KARACHI-HIGH-COURT-SINDH

Sindh · 2015

Mst. FEROZ JAN VS IIND ADDITIONAL DISTRICT JUDGE (SOUTH), KARACHI 1981 SCMR 844, 1981 SCMR 895, 1987 SCMR 307, 1993 CLC 1815, 1996 MLD 71, 1997 CLC 1085, 1998 CLC 410, 2000 MLD 442, PLD 1985 SC 38, Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan, Art.199---Constitutional petition---Landlady filed eviction petition on the grounds

2015 YLR 2405 ISLAMABAD

ICT · 2015

Syed BILAL ADIL VS DISTRICT JUDGE WEST, ISLAMABAD 1988 SCMR 970, 2006 CLC 131, 2009 CLC 52, 2009 SCMR 1008, 2012 MLD 1002, PLD 2004 SC 690, Eviction petition--Term , Islamabad Rent Restriction Ordinance 2001--17 , S. 17----Constitution of Pakistan, Art. 199---eviction petition---Default in payment of rent---Delay in deposit of rent in court---Principles---Landlord filed eviction petitions

2015 MLD 1740 ISLAMABAD

ICT · 2015

GHULAM ABBAS VS ADDITIONAL SESSIONS JUDGE (WEST), ISLAMABAD 2012 SCMR 854, Eviction of tenant--TERM , Islamabad Rent Restriction Ordinance 2001--17 , S. 17(2) ---- eviction of tenant --- Reconstruction of building and personal bona fide need of landlord--- Effect --- Under S. 17(2) of Islamabad Rent Restriction Ordinance, 2001 seeking property on ground of reconstruction was an independen

2015 MLD 1740 ISLAMABAD

ICT · 2015

GHULAM ABBAS VS ADDITIONAL SESSIONS JUDGE (WEST), ISLAMABAD Eviction of tenant--TERM , Islamabad Rent Restriction Ordinance 2001--17 , S.17(2)(ii)(b) --- eviction of tenant --- Expiry of lease --- Violation of terms and conditions of agreement --- Scope --- Under Islamabad Rent Restriction Ordinance, 2001, expiry of lease was not a specific ground for eviction, however, under S. 17(2)(ii)(

2015 CLC 1383 ISLAMABAD

ICT · 2015

Dr. ARIF HAYAT VS SHER MUHAMMAD PLD 1999 SC 1101, PLD 2012 Lah. 490, Code of Civil Procedure 1908--151 , Islamabad Rent Restriction Ordinance 2001--17 , Specific Relief Act 1877--12 , S. 17---Specific Relief Act (I of 1877), S.12---Civil Procedure Code (V of 1908), S.151---Suit for specific performance of agreement to sell---Petition for ejectment of tenant---Consolidation of eviction pet

2015 MLD 143 HIGH-COURT-AZAD-KASHMIR

2015

MUHAMMAD MUBEEN KHAN VS FARZAND BEGUM 1996 MLD 355, Applicability--Term , Azad Jammu and Kashmir Interim Constitution Act 1974--44 , Azad Jammu and Kashmir Rent Restriction Act 1986--14 , Azad Jammu and Kashmir Rent Restriction Act 1986--4 , Writ Petition--TERM , Ss. 4 & 14---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 44---Writ petition---Scope---Laches, doctrine o

2014 SCMR 1744 SUPREME-COURT

Supreme Court · 2014

TASSADUQ HUSSAIN VS Mst. MUNEER FATIMA 2001 SCMR 1434, Cantonments Rent Restriction Act 1963--17 , Eviction of tenant--TERM , S. 17---Constitution of Pakistan, Art. 185(3)---eviction of tenant---Relationship of landlord and tenant denied---Purported sale agreement---Failure to prove authenticity of sale agreement---Rent Controller ordered eviction of tenant/petitioner from the disputed pr

2014 SCMR 1210 SUPREME-COURT

Supreme Court · 2014

TAHIR HUSSAIN VS ILYAS AHMAD Collateral proceedings--Term , Ejectment of Tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Ejectment of tenant---eviction order, interference in---Collateral proceedings---Ejectment order could not be interfered with by any civil court in collateral proceedings.

2014 PLD 347 SUPREME-COURT

Supreme Court · 2014

MUHAMMAD NISAR VS IZHAR AHMED SHAIKH 1996 SCMR 877, PLD 1989 SC 575, PLD 1991 SC 242, Sindh Rented Premises Ordinance 1979--15 , S. 15---Application for eviction of tenant---Tenant taking the plea that he had purchased the rented property from the landlord through an agreement to sell---Procedure to be followed by the tenant to take possession of such property---When the tenant put up a p

2014 MLD 740 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2014

Mst. ZOHRA VS TARIQ MURTAZA Default in payment of rent--Term , Ejectment petition--term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Ejectment petition---Default in payment of rent---Denial of relationship of landlord and tenant by the tenant---Contention of tenant was that landlords had no cause of action and no relationship of landlord and tenant existed between th

2014 MLD 397 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2014

MUHAMMAD KHAN VS MUHAMMAD IBRAHIM Balochistan Urban Rent Restriction Ordinance 1959--13 , S. 13(4)---Application for restoration of possession of tenant---eviction of tenant was ordered on the grounds of wilful default in payment of rent and requirement of premises by landlord for his personal use---Contention of tenant was that landlord had failed to occupy the shop in question and to sta

2014 MLD 229 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2014

MUSAWIR AHMED VS GHULAM RASOOL West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss.13 & 15---Ejectment of tenant on the ground of failure to comply with the order of Rent Controller to deposit rent in time---Scope---Landlord instituted eviction application against the appellant/tenant---Rent Controller directed the tenant/a

2014 CLC 1463 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2014

ABDULLAH VS Mst. FARZANA 1984 SCMR 755, 1997 CLC 2041, PLD 1989 SC 489, PLD 1991 SC 138, Ejectment of Tenant--TERM , Proof--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , Wilful default--Term , S. 13---Ejectment of tenant--- Wilful default--- Proof--- Rent Controller allowed ejectment application and passed eviction order against tenant on the ground of wilful default in

2014 PLD 96 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2014

Syed TAJ-UD-DIN VS AKHTAR MUHAMMAD Conditions--Term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(4)---Restoration of possession of tenant---Conditions---Pre-conditions for getting relief under S.13(4) of West Pakistan Urban Rent Restriction Ordinance was to prove that landlord himself or a child for whose personal need the premises was required had not occupied the pre

2014 PLD 35 PESHAWAR-HIGH-COURT

KPK · 2014

MUHAMMAD NAZIR VS MUHAMMAD IQBAL 1980 SCMR 41, 1984 CLC 3011, 2001 YLR 1979, PLD 1961 SC 28, PLD 1981 SC 246, PLD 1983 SC 342, Constitutional petition--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S.13---Constitution of Pakistan, Art.199---Constitutional petition---Bona fide personal need of landlord---Agreement of tenancy for specific period---eviction of tenant on th

2014 MLD 1186 PESHAWAR-HIGH-COURT

KPK · 2014

Haji MUHAMMAD ADEEL VS CANTONMENT BOARD, PESHAWAR through the Cantonment Executive Officer, Peshawar Cantt. Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--2 , Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--3 , Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--6 , Constitutional petition--TERM , Loc

2014 MLD 1186 PESHAWAR-HIGH-COURT

KPK · 2014

Haji MUHAMMAD ADEEL VS CANTONMENT BOARD, PESHAWAR through the Cantonment Executive Officer, Peshawar Cantt. 1998 SCMR 2268, PLD 1992 SC 401, Cantonments Rent Restriction Act 1963--3 , Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--2 , Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--3 , Central Government Lands and Buildings (Re

2014 MLD 869 PESHAWAR-HIGH-COURT

KPK · 2014

ATTA ULLAH VS MUHAMMAD UMAR Ejectment petition--term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S.13(4)---Ejectment petition---eviction of tenant on ground of bona fide personal need of landlord---Right of tenant to get restored the possession of suit property---Scope---Mere sole statement of the landlord in that behalf was sufficient for ejectment of the tenant---Ejectmen

2014 CLC 1595 PESHAWAR-HIGH-COURT

KPK · 2014

Malik SAMI ULLAH AZEEMI VS KHAYAM Constitutional petition--TERM , Ejectment Proceedings--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Constitution of Pakistan, Art.199---Constitutional petition--Ejectment proceedings---Personal bona fide need of landlord---Reconstruction of suit premises---Scope---Non-approval of site plan for construction by the competent autho

2014 CLC 1595 PESHAWAR-HIGH-COURT

KPK · 2014

Malik SAMI ULLAH AZEEMI VS KHAYAM Constitutional petition--TERM , Ejectment Proceedings--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment proceedings---Good faith of landlord---Determining factor of ejectment petition---Concealment of facts by landlord---Effect---Earlier ejectment petition filed

2014 CLC 151 PESHAWAR-HIGH-COURT

KPK · 2014

CHAMAN ZADA VS SHAH ZEB 1979 SCMR 443, 1980 SCMR 886, 1986 SCMR 1985, 1992 SCMR 1170, Constitutional petition--TERM , Ejectment application--Term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment application---Landlord and tenant, relationship of---If a tenant denies the relationship of landlord and

2014 YLR 2665 LAHORE-HIGH-COURT-LAHORE

Punjab · 2014

MAZHAR ALI QURESHI VS ADDITIONAL DISTRICT JUDGE, MULTAN Constitutional petition--TERM , Punjab Rented Premises Act 2009--15 , S. 15---Constitution of Pakistan, Art. 199--- Constitutional petition---Application for eviction of tenant---Landlord moved an application for ejectment of tenant wherein an application for leave to defend was filed which was dismissed concurrently---Contention of t

2014 YLR 2598 LAHORE-HIGH-COURT-LAHORE

Punjab · 2014

JAVED IQBAL VS Malik KHURRAM JAHANGIR 2013 SCMR 464, Constitutional petition--TERM , Ejectment of tenant--Term , Punjab Rented Premises Act 2009--15 , S.15--Constitution of Pakistan, Art.199--Constitutional petition---Ejectment of tenant---Landlord filed eviction petition which was accepted by the Rent Tribunal but same was dismissed by the Appellate Court---Validity---Application for evi

2014 YLR 2493 LAHORE-HIGH-COURT-LAHORE

Punjab · 2014

UMAR HAYAT VS MUHAMMAD AKBAR 1983 SCMR 1064, 2000 SCMR 1525, 2007 SCMR 818, 2012 CLC 51, PLD 1985 SC 1, Application for ejectment of tenant--Term , Constitutional petition--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Constitution of Pakistan, Art. 199--- Constitutional petition---Application for ejectment of tenant---Dispute with regard to title of property---

2014 YLR 2309 LAHORE-HIGH-COURT-LAHORE

Punjab · 2014

MUHAMMAD SHAHID VS ADDITIONAL DISTRICT JUDGE, SAHIWAL Appointment of pleader--Term , Code of Civil Procedure 1908--12 , Code of Civil Procedure 1908--151 , Code of Civil Procedure 1908--4 , Misrepresentation--Term , Punjab Rented Premises Act 2009--19 , O.R. 4, Ss. 12 (2) & 151-Punjab Rented Premises Act (VII of 2009), S.19---Application for eviction of tenant-Default in payment of rent---

2014 YLR 581 LAHORE-HIGH-COURT-LAHORE

Punjab · 2014

MUHAMMAD SHABBIR VS ADDITIONAL DISTRICT JUDGE Constitutional petition--TERM , Maintainability--TERM , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--19 , Requirements--Term , Ss. 15 & 19---Constitution of Pakistan, Art. 199---Constitutional petition---eviction petition, filing of---Maintainability--- Requirements--- Non-submission of affidavit with the ejectment pet

2014 MLD 1213 LAHORE-HIGH-COURT-LAHORE

Punjab · 2014

KHALID YAQOOB VS Mst. NASREEN AFTAB 1994 SCMR 355, 2001 SCMR 599, 2002 SCMR 1933, 2002 SCMR 789, 2010 SCMR 775, 2011 YLR 82, PLD 2000 SC 67, Application for ejectment of tenant--Term , Cantonments Rent Restriction Act 1963--17 , S. 17 (4) (b) (i) (6)---Application for ejectment of tenant---Bona fide personal need of landlady---Scope---Contention of tenant was that landlady sought eviction

2014 MLD 1113 LAHORE-HIGH-COURT-LAHORE

Punjab · 2014

MUHAMMAD TAJ VS ADDITIONAL DISTRICT JUDGE, TAXILA Applicability--Term , Constitutional petition--TERM , Eviction of tenant--TERM , Punjab Rented Premises Act 2009--15 , Qanun-e-Shahadat Order 1984--115 , Relationship of landlord and tenant--Term , S. 15---Qanun-e-Shahadat (10 of 1984), Art.115---Constitution of Pakistan, Art.199---Constitutional petition---eviction of tenant---Relationship

2014 MLD 1113 LAHORE-HIGH-COURT-LAHORE

Punjab · 2014

MUHAMMAD TAJ VS ADDITIONAL DISTRICT JUDGE, TAXILA Constitutional petition--TERM , Default in payment of rent--Term , Eviction of tenant--TERM , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--24 , Ss. 15(b) & 24(4)---Constitution of Pakistan, Art.199---Constitutional petition---eviction of tenant---Default in payment of rent---Special Judge directed the tenant to dep

2014 MLD 1084 LAHORE-HIGH-COURT-LAHORE

Punjab · 2014

MUHAMMAD ASIF VS AMINA BIBI 2009 YLR 1024, Constitutional petition--TERM , Payment of rent--Term , Procedure--TERM , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--20 , Punjab Rented Premises Act 2009--7 , Ss. 15, 7 & 20---Constitution of Pakistan, Art. 199---Constitutional petition---Application for eviction of tenant---Payment of rent---Procedure---Ejectment peti

2014 MLD 532 LAHORE-HIGH-COURT-LAHORE

Punjab · 2014

LAEEQ AHMED KHAN VS Mst. FOUZIA ASIF PLD 1978 Lah. 1459, PLD 2011 SC 676, Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--24 , Constitutional petition--TERM , Maintainability--TERM , Ss. 17 & 24---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Application for ejectment of tenant---Reasonable time---Laches, principle of--

2014 CLC 929 LAHORE-HIGH-COURT-LAHORE

Punjab · 2014

Syed GULZAR ALI SHAH VS ADDITIONAL DISTRICT JUDGE 1979 SCMR 496, 1985 SCMR 580, 2000 MLD 1345, 2004 CLC 981, 2007 SCMR 818, Constitutional petition--TERM , Eviction of tenant--TERM , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--19 , Punjab Rented Premises Act 2009--24 , Ss. 15, 19 & 24(1), (2), (4)---Constitution of Pakistan, Art.199---Constitutional petition---D

2014 CLC 929 LAHORE-HIGH-COURT-LAHORE

Punjab · 2014

Syed GULZAR ALI SHAH VS ADDITIONAL DISTRICT JUDGE 1979 SCMR 496, 1985 SCMR 580, 2000 MLD 1345, 2004 CLC 981, 2007 SCMR 818, PLD 2007 SC 504, Constitutional petition--TERM , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--19 , Punjab Rented Premises Act 2009--24 , Ss. 15, 19 & 24(1), (2), (4)---Constitution of Pakistan, Art.199---Constitutional petition---Failure of

2014 CLC 929 LAHORE-HIGH-COURT-LAHORE

Punjab · 2014

Syed GULZAR ALI SHAH VS ADDITIONAL DISTRICT JUDGE 1979 SCMR 496, 1985 SCMR 580, 2000 MLD 1345, 2004 CLC 981, 2007 SCMR 818, Constitutional petition--TERM , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--19 , Punjab Rented Premises Act 2009--24 , Ss. 15, 19 & 24(1), (2), (4)---Constitution of Pakistan, Art.199---Constitutional petition---Tentative rent order---Defau

2014 PLD 87 LAHORE-HIGH-COURT-LAHORE

Punjab · 2014

BAKHT MUNIR VS QADIR KHAN PLD 2012 Lah. 41, Constitutional petition--TERM , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--21 , Punjab Rented Premises Act 2009--22 , Ss. 15, 21 & 22---Constitution of Pakistan, Art. 199---Constitutional petition---Application for eviction of tenant---Ex parte proceedings against tenant---Scope---Tenant filed applications for setting

2014 YLR 2727 KARACHI-HIGH-COURT-SINDH

Sindh · 2014

SHAKEEL AHMED VS SENIOR CIVIL JUDGE AND RENT CONTROLLER 1973 SCMR 185, 1996 SCMR 1178, Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--13 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 , Ss.2(g), 13 & 15---Constitution of Pakistan, Art.199---Constitutional petition--eviction of tenant (petitioner)---Personal bona fide need of lan

2014 YLR 2331 KARACHI-HIGH-COURT-SINDH

Sindh · 2014

Mrs. SAMINA ZAHEER ABBAS VS HASSAN S. AKHTAR 1987 MLD 2741, 1991 SCMR 986, 1996 MLD 1895, 2008 CLC 387, PLD 1974 SC 139, PLD 1981 SC 246, PLD 1982 Kar. 107, PLD 1983 Lah. 27, PLD 1988 SC 190, PLD 1990 SC 1201, Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979--

2014 YLR 1901 KARACHI-HIGH-COURT-SINDH

Sindh · 2014

MUHAMMAD ESSA GODIL VS Mst. SITARA JAMIL 2000 SCMR 498, 2001 CLC 1743, 2002 SCMR 429, 2003 MLD 480, 2004 SCMR 1342, 2006 SCMR 1068, 2007 CLC 1885, 2010 SCMR 5, 2011 SCMR 320, PLD 1975 Kar. 598, PLD 1981 SC 246, PLD 2001 SC 415, Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--18 , Ss. 15 & 18---Constitution of Pakistan, Art.1

2014 YLR 1901 KARACHI-HIGH-COURT-SINDH

Sindh · 2014

MUHAMMAD ESSA GODIL VS Mst. SITARA JAMIL 2003 MLD 480, Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--18 , Ss.15 & 18---Constitution of Pakistan, Art. 199---Constitutional petition---eviction petition in the grounds of personal bona fide need of landlady----Payment of pagri by tenant---Effect.

2014 YLR 1853 KARACHI-HIGH-COURT-SINDH

Sindh · 2014

Meer MUHAMMAD SHAFIQ VS JAMIA MASJID HANFIA Eviction petition--Term , Relationship of landlord and tenant--Term , Sindh Rented Premises Ordinance 1979--13 , Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979--8 , Ss. 8, 13, 16 & 21---eviction petition---Relationship of landlord and tenant---Tenant contended that court

2014 YLR 1787 KARACHI-HIGH-COURT-SINDH

Sindh · 2014

FAKEER MUHAMMAD VS ABDUL JABBAR Aggrieved Person--TERM , Code of Civil Procedure 1908--12 , Constitutional petition--TERM , Maintainability--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 12(2)---Sindh Rented Premises Ordinance (XVII of 1979), S. 15---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---eviction order of tenant, setting aside of---Misrepre

2014 YLR 884 KARACHI-HIGH-COURT-SINDH

Sindh · 2014

INTERNATIONAL BUSINESS MANAGEMENT VS S. AZIZ AHMED 1985 SCMR 21, 1987 SCMR 216, 1991 SCMR 199, 2003 SCMR 1580, PLD 2004 SC 690, Constitutional petition--TERM , General Clauses Act 1897--10 , Sindh Rented Premises Ordinance 1979--16 , Striking off defence--Term , West Pakistan General Clauses Act 1956--9 , S.16(2)---West Pakistan General Clauses Act (VI of 1956), S.9---General Clauses Act

2014 YLR 648 KARACHI-HIGH-COURT-SINDH

Sindh · 2014

MUHAMMAD ALI VS Vth-ADDITIONAL DISTRICT JUDGE, HYDERABAD 1993 MLD 1530, 2004 YLR 1969, 2013 CLC 853, 2013 MLD 433, PLD 1975 SC 678, Applicability--Term , Bona fide personal need of landlord--Term , Code of Civil Procedure 1908--12 , Constitutional petition--TERM , Ejectment petition--term , Sindh Rented Premises Ordinance 1979--15 , S. 15---Civil Procedure Code (V of 1908), S.12 (2)---Con

2014 PLD 295 KARACHI-HIGH-COURT-SINDH

Sindh · 2014

Mrs. SHABANA ANJUM VS MUHAMMAD GULZAR 1976 SCMR 79, 1985 CLC 256, 1985 SCMR 893, 1992 SCMR 707, 1996 MLD 821, 1999 MLD 2132, 2000 CLC 1997, 2000 SCMR 1197, 2009 MLD 7, 2011 SCMR 1306, 2012 MLD 39, PLD 2007 Kar. 50, Constitutional petition--TERM , General Clauses Act 1897--27 , Sindh Rented Premises Ordinance 1979--13 , Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinanc

2014 PLD 295 KARACHI-HIGH-COURT-SINDH

Sindh · 2014

Mrs. SHABANA ANJUM VS MUHAMMAD GULZAR 1976 SCMR 79, 1985 CLC 256, 1985 SCMR 893, 1989 SCMR 1366, 1992 SCMR 707, 1996 MLD 821, 1996 SCMR 1178, 1999 MLD 2132, 2000 CLC 1997, 2000 SCMR 1197, 2001 SCMR 1197, 2007 CLC 535, 2009 MLD 7, 2011 SCMR 1306, 2012 MLD 39, 2012 SCMR 1498, PLD 2007 Kar. 50, Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--13 , Sindh Rented Premises Ordi

2014 CLC 1695 KARACHI-HIGH-COURT-SINDH

Sindh · 2014

MUHAMMAD RIAZ SHAIKH VS IFTIKHARUDDIN Burden of Proof--TERM , Constitutional petition--TERM , Eviction of tenant--TERM , Sindh Rented Premises Ordinance 1979--10 , Sindh Rented Premises Ordinance 1979--13 , Sindh Rented Premises Ordinance 1979--15 , Ss. 10, 13 & 15---Constitution of Pakistan, Art.199---Constitutional petition---eviction of tenant---Default in payment of rent---Burden of pr

2014 CLC 1695 KARACHI-HIGH-COURT-SINDH

Sindh · 2014

MUHAMMAD RIAZ SHAIKH VS IFTIKHARUDDIN 1986 CLC 705, 1989 SCMR 1670, 1990 MLD 1667, 1992 SCMR 46, 2010 MLD 1543, Constitutional petition--TERM , Proof and procedure--Term , Sindh Rented Premises Ordinance 1979--10 , Sindh Rented Premises Ordinance 1979--13 , Sindh Rented Premises Ordinance 1979--15 , Ss. 10, 13 & 15---Constitution of Pakistan, Art. 199---Constitutional petition---eviction

2014 MLD 812 KARACHI-HIGH-COURT-SINDH

Sindh · 2014

Mst. SHAGUFTA NASIR VS ABID HUSSAIN 1986 CLC 90, 2008 CLC 1415, Sindh Rented Premises Ordinance 1979--16 , Ss. 16(1) & (2)---Constitution of Pakistan, Art.199---Constitutional jurisdiction of High Court---Scope---Application for eviction of tenant---Failure to comply with tentative rent order passed by Rent Controller---Rent Controller directed the tenant/petitioner to deposit tentative a

2014 MLD 693 KARACHI-HIGH-COURT-SINDH

Sindh · 2014

TARIQ ALI VS Mst. RUBINA BANO 2006 SCMR 152, Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan, Art.199---Constitutional petition---Scope---Application for ejectment of tenant---Bona fide personal need of landlady---Ejectment petition was dismissed by Rent Controller which was accepted partly by the Appellate Court on the ground of

2014 MLD 550 KARACHI-HIGH-COURT-SINDH

Sindh · 2014

ABDUL GHAFFAR VS EJAZ ALI 1987 CLC 1113, 1987 MLD 2149, 1991 SCMR 1029, 1993 CLC 1970, 2004 CLC 1326, 2006 CLC 379, PLD 1980 Lah. 110, PLD 2004 Kar. 502, Constitutional petition--TERM , Eviction of tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , S.15---Constitution of Pakistan, Art.199---Constitutional petition---eviction of tenant---Judgment passed against dead person/tenant---

2014 MLD 288 KARACHI-HIGH-COURT-SINDH

Sindh · 2014

MOHAN VS Mrs. MUHAMMAD YOUNUS BHOJAN 2000 SCMR 1613, 2001 SCMR 1197, Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , S.15---Constitution of Pakistan, Arts.23 & 199---Constitutional petition---Ejectment of tenant---Bona fide personal need of landlord---Ejectment application was concurrently allowed by Rent Controller and Lower Appellat

2014 MLD 23 KARACHI-HIGH-COURT-SINDH

Sindh · 2014

MUHAMMAD ANWAR VS Mir RAFIQUE AHMED TALPUR 2006 SCMR 1068, PLD 2009 SC 71, Competency--Term , Constitutional petition--TERM , Qanun-e-Shahadat Order 1984--115 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 , Ss. 15, 2(f) & 2(j)---Qanun-e-Shahadat (10 of 1984), Art. 115---Constitution of Pakistan, Art.199---Constitutional petition---Application for eje

2014 PLD 194 KARACHI-HIGH-COURT-SINDH

Sindh · 2014

MOINUDDIN GHORI VS ADMINISTRATOR OF M/S SAINT FRANCIS CHURCH (TRUST) 2001 SCMR 1197, Bona fide personal need of landlord--Term , Proof--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Bona fide personal need of landlord---Proof---Order of eviction would require satisfaction of Rent Controller that reasonable requirement of landlord would be met by occupation of premises---Evicti

2014 PLD 194 KARACHI-HIGH-COURT-SINDH

Sindh · 2014

MOINUDDIN GHORI VS ADMINISTRATOR OF M/S SAINT FRANCIS CHURCH (TRUST) 1981 SCMR 528, 2010 SCMR 1925, Constitutional petition--TERM , Eviction of tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan, Art.199---Constitutional petition---eviction of tenant---First ejectment application filed by landlord was dismissed---Second ejectment application filed b

2014 PLD 194 KARACHI-HIGH-COURT-SINDH

Sindh · 2014

MOINUDDIN GHORI VS ADMINISTRATOR OF M/S SAINT FRANCIS CHURCH (TRUST) 1989 SCMR 1366, 1993 MLD 219, 1993 SCMR 1163, 1998 CLC 410, 2000 MLD 442, 2000 SCMR 472, 2004 MLD 587, 2006 SCMR 437, 2009 CLC 291, 2010 SCMR 1925, 2012 SCMR 854, PLD 1986 Kar. 84, PLD 1999 Lah. 450, PLD 2003 Kar. 34, Bona fide personal need of landlord--Term , Ejectment petition--term , Proof--TERM , Sindh Rented Premises

2014 CLC 1291 ISLAMABAD

ICT · 2014

Mst. ZEBA SAMIN ARAIN VS RENT CONTROLLER (WEST), ISLAMABAD Constitutional petition--TERM , Ejectment of Tenant--TERM , Islamabad Rent Restriction Ordinance 2001--17 , Lease agreement--Rule , S. 17---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Lease agreement---Scope---Tenant, a Deputy Headmistress---Deduction of house rent allowance by the education

2014 MLD 1422 HIGH-COURT-AZAD-KASHMIR

2014

MUHAMMAD ASLAM SHAHEEN VS RENT CONTROLLER/SENIOR CIVIL JUDGE MIRPUR 1996 MLD 355, Azad Jammu and Kashmir Interim Constitution Act 1974--44 , Azad Jammu and Kashmir Rent Restriction Act 1986--14 , Azad Jammu and Kashmir Rent Restriction Act 1986--4 , Default in payment of rent--Term , Writ Petition--TERM , Ss. 14 & 4---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 44--

2013 SCMR 1520 SUPREME-COURT

Supreme Court · 2013

MIRZA BOOK AGENCY VS ADDITIONAL DISTRICT JUDGE, LAHORE Eviction petition--Term , Proof--TERM , Punjab Rented Premises Act 2009--15 , S. 15---eviction petition---Tenancy for an indefinite period on basis of pagri---Proof---Tenant's (appellant) plea that tenancy was for an indefinite period as he had paid some pagri to the predecessor-in-interest of the landlord---Rent Tribunal discarded ple

2013 SCMR 1520 SUPREME-COURT

Supreme Court · 2013

MIRZA BOOK AGENCY VS ADDITIONAL DISTRICT JUDGE, LAHORE Eviction petition--Term , Mandatory--Term , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--8 , Punjab Rented Premises Act 2009--9 , Ss. 8, 9 & 15---eviction petition---Time limit of 2 years stipulated under S.8 of Punjab Rented Premises Act, 2009 for a landlord/tenant to bring a tenancy agreement in conformity w

2013 SCMR 1497 SUPREME-COURT

Supreme Court · 2013

SYMPHONY (PVT.) LTD. VS Haji FAZAL KARIM 1990 SCMR 647, Eviction of tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--18 , Transfer of Property Act 1882--5 , Ss. 18 & 15---Transfer of Property Act (IV of 1882), S. 5---Constitution of Pakistan, Art. 185(3)---eviction of tenant---Change of ownership---Default in payment of rent to new landlord--

2013 CLD 1687 SUPREME-COURT

Supreme Court · 2013

SYMPHONY (PVT.) LTD. VS Haji FAZAL KARIM 1990 SCMR 647, Eviction of tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--18 , Transfer of Property Act 1882--5 , Ss. 18 & 15---Transfer of Property Act (IV of 1882), S.5---Constitution of Pakistan, Art. 185(3)---eviction of tenant---Change of ownership---Default in payment of rent to new landlord---

2013 PLD 62 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2013

ABDUL HALEEM VS MIR ZAHID British Baluchistan Rent Control Regulation 1945--RGLN. , Constitutional petition--TERM , Redundant legislation--Term , West Pakistan Civil Courts Ordinance 1962--3 , West Pakistan Urban Rent Restriction Ordinance 1959--21 , West Pakistan Urban Rent Restriction Ordinance 1959--PREAMBLE , S. 1---West Pakistan Urban Rent Restriction Ordinance, 1959 (VI of 1959), S.

2013 MLD 882 PESHAWAR-HIGH-COURT

KPK · 2013

MERAJ UD DIN VS ALI AHMAD SIDDIQUI Bona fide personal need of landlord--Term , Cantonments Rent Restriction Act 1963--17 , Ejectment of Tenant--TERM , Protection to tenant--Term , S.17 (9)---Ejectment of tenant---Bona fide personal need of landlord---Protection to tenant---Scope---Provision of S. 17(9) of Cantonments Rent Restriction Act, 1963, affords sufficient protection to tenant in ca

2013 CLC 1823 PESHAWAR-HIGH-COURT

KPK · 2013

Malik SHER RODIKHEL VS KHALID AMEEN Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--1 , Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--2 , Demarcation of land--Term , Suit for permanent injunction--Term , West Pakistan Land Revenue Act 1967--117 , West Pakistan Land Revenue Rules 1968--RULE , S. 117-

2013 CLC 1823 PESHAWAR-HIGH-COURT

KPK · 2013

Malik SHER RODIKHEL VS KHALID AMEEN Demarcation of land--Term , Procedure--TERM , West Pakistan Land Revenue Act 1967--117 , West Pakistan Land Revenue Rules 1968--RULE , R. 67-A---West Pakistan Land Revenue Act (XVII of 1967), S.117---Demarcation of land---Powers of revenue officer---Procedure---eviction of unauthorized owner---Scope---Person claiming encroachment in his property could mo

2013 YLR 2154 LAHORE-HIGH-COURT-LAHORE

Punjab · 2013

ABDUL RASHEED VS SPECIAL JUDGE (RENT), RAWALPINDI Constitutional petition--TERM , Directory provision--Term , Punjab Rented Premises Act 2009--19 , S. 19(4)---Constitution of Pakistan, Art.199---Constitutional petition---eviction petition---Requirement of submission of affidavits by the landlord at the time of filing eviction petition---Directory provision---Landlord submitted two affidavi

2013 YLR 1881 LAHORE-HIGH-COURT-LAHORE

Punjab · 2013

MUHAMMAD PARVEZ VS ADDITIONAL RENT CONTROLLER, LAHORE 1983 SCMR 534, 1986 SCMR 1267, 1988 SCMR 250, 2004 MLD 1395, 2006 SCMR 1068, 2011 SCMR 320, Cantonments Rent Restriction Act 1963--17 , Civil Procedure Code --Order I of C.P.C. Parties to Suits--10 , Constitutional petition--TERM , Eviction of tenant--TERM , Recovery of possession--Term , Specific Relief Act 1877--42 , S.17---Specific

2013 YLR 1881 LAHORE-HIGH-COURT-LAHORE

Punjab · 2013

MUHAMMAD PARVEZ VS ADDITIONAL RENT CONTROLLER, LAHORE 2011 SCMR 320, Cantonments Rent Restriction Act 1963--17 , Eviction of tenant--TERM , Procedure--TERM , Specific Relief Act 1877--42 , S.17---Specific Relief Act (I of 1877), S.42---Constitution of Pakistan, Art.199---eviction of tenant---Relationship of land-lord and tenant was denied by tenant---Declaratory suit for determination of

2013 YLR 1881 LAHORE-HIGH-COURT-LAHORE

Punjab · 2013

MUHAMMAD PARVEZ VS ADDITIONAL RENT CONTROLLER, LAHORE Cantonments Rent Restriction Act 1963--17 , Civil Procedure Code --Order I of C.P.C. Parties to Suits--10 , Constitutional petition--TERM , Eviction proceedings--TERM , Necessary party--Term , S. 17---Civil Procedure Code (V of 1908), O.I, R.10---Constitution of Pakistan, Art.199---Constitutional petition--eviction proceedings---Necessa

2013 MLD 1648 LAHORE-HIGH-COURT-LAHORE

Punjab · 2013

Syed TAFSIR HUSSAIN VS MUHAMMAD RASHID JANJUA 1996 SCMR 877, 2002 MLD 384, 2003 SCMR 1416, 2003 SCMR 1476, 2006 SCMR 946, 2007 MLD 1606, 2008 SCMR 1034, 2009 CLC 114, 2009 SCMR 1077, 2009 SCMR 1396, 2010 MLD 45, PLD 1991 SC 242, PLD 2006 Lah. 643, PLD 2006 Lah. 793, Cantonments Rent Restriction Act 1963--17 , Ejectment of Tenant--TERM , Part performance--Term , Pendency of suit--Term , Speci

2013 MLD 541 LAHORE-HIGH-COURT-LAHORE

Punjab · 2013

FAISAL IKRAM VS ADDITIONAL DISTRICT JUDGE, RAWALPINDI Constitutional petition--TERM , Ejectment of Tenant--TERM , Interpretation of Documents--TERM , Lease agreement--Rule , Punjab Rented Premises Act 2009--15 , S. 15---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Interpretation of documents---Lease agreement---Ejectment of petitioner (tenant) was or

2013 MLD 371 LAHORE-HIGH-COURT-LAHORE

Punjab · 2013

Ch. MUHAMMAD ASLAM VS CIVIL JUDGE/RENT TRIBUNAL, RAJANPUR 2007 CLC 1106, 2007 CLC 1151, 2009 YLR 136, Connotation--Term , Constitutional petition--TERM , Maintainability--TERM , Punjab Rented Premises Act 2009--2 , Punjab Rented Premises Act 2009--24 , Punjab Rented Premises Act 2009--28 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 2(b), 28 & 24---West Pakistan Urban Re

2013 MLD 319 LAHORE-HIGH-COURT-LAHORE

Punjab · 2013

WAJIH-UD-DIN VS ADDITIONAL DISTRICT JUDGE 2002 YLR 2277, 2007 SCMR 307, PLD 1995 Lah. 98, Constitutional petition--TERM , Maintainability--TERM , Punjab Rented Premises Act 2009--24 , S. 24---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Ejectment order not challenged by original tenant either in appeal or before High Court in constitutional petition, bu

2013 MLD 209 LAHORE-HIGH-COURT-LAHORE

Punjab · 2013

AKHTAR SALEEM VS ADDITIONAL DISTRICT JUDGE 2012 YLR 148, West Pakistan Urban Rent Restriction Ordinance 1959--13-A , S.13-A---Change of ownership---Notice, non-issuance of---Effect---If formal notice, as envisaged under S.13-A of West Pakistan Urban Rent Restriction Ordinance, 1959, is not issued, ejectment petition can be considered as notice for eviction.

2013 MLD 209 LAHORE-HIGH-COURT-LAHORE

Punjab · 2013

AKHTAR SALEEM VS ADDITIONAL DISTRICT JUDGE 1980 CLC 485, 1983 CLC 1502, 1986 MLD 692, 1986 SCMR 751, 1988 CLC 1856, 1988 MLD 1502, 1988 MLD 938, 1994 MLD 2162, 1994 SCMR 572, 1995 SCMR 204, 1996 MLD 1074, 1997 SCMR 567, 2000 CLC 1656, 2000 YLR 2716, 2002 CLC 587, 2006 SCMR 1061, 2006 SCMR 1064, 2007 CLC 1106, 2007 YLR 420, 2008 SCMR 1457, 2008 YLR 24, 2010 CLC 637, 2011 CLC 546, 2012 SCMR 91, P

2013 CLC 649 LAHORE-HIGH-COURT-LAHORE

Punjab · 2013

SAEED AHMAD VS ADDITIONAL DISTRICT JUDGE, MULTAN 2001 SCMR 798, 2004 SCMR 1719, 2009 SCMR 45, 2010 YLR 203, Constitutional petition--TERM , Ejectment of Tenant--TERM , Excise and Taxation record--Term , Proof--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Landlord and tenant rel

2013 PLD 119 LAHORE-HIGH-COURT-LAHORE

Punjab · 2013

Mst. RUKHSANA BHATTI VS K & N'S FOODS (PVT) LTD. 1982 CLC 1735, 1984 CLC 3434, 1991 SCMR 1185, 1993 SCMR 200, 2006 PTD 178, PLD 1976 Kar. 832, PLD 1981 Lah. 609, Bona fide personal need of landlord--Term , Cantonments Rent Restriction Act 1963--17 , Ejectment of Tenant--TERM , Registration Act 1908--17 , Registration Act 1908--49 , Transfer of Property Act 1882--107 , S. 17---Transfer of

2013 YLR 2705 KARACHI-HIGH-COURT-SINDH

Sindh · 2013

Dr. SHAHID HUSSAIN KHAN VS MAQSOOD AHMED 2005 YLR 313, Constitutional petition--TERM , Ejectment Proceedings--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan, Art.199--- Constitutional petition---Ejectment proceedings---Changing stance by landlord---Effect---Ejectment order passed by Trial Court was reversed by Appellate Court---Validity---Landlord in ea

2013 YLR 1898 KARACHI-HIGH-COURT-SINDH

Sindh · 2013

Mrs. REFHAT HAMIDEE VS Sheikh ABDUL AZIZ Cantonments Rent Restriction Act 1963--24 , S. 24---Determination of genuineness of conveyance deed---Validity---Question about genuineness or otherwise of conveyance deed executed by the previous owner in favour of respondent/landlord fell within the domain of civil court of competent jurisdiction and not the Rent Controller---Tenant who was not pa

2013 YLR 1898 KARACHI-HIGH-COURT-SINDH

Sindh · 2013

Mrs. REFHAT HAMIDEE VS Sheikh ABDUL AZIZ 2010 CLC 407, Cantonments Rent Restriction Act 1963--24 , Transfer of Property Act 1882--53-A , S. 24---Transfer of Property Act (IV of 1882), S.53-A---Landlord and tenant, relationship of---Appellant was inducted in the property in question as a "tenant"---Sale and purchase was alleged to have been made between the tenant and predecessor-in-intere

2013 YLR 1673 KARACHI-HIGH-COURT-SINDH

Sindh · 2013

ABDUL MAJID VS MASHKOOR AHMED 1987 SCMR 2051, 1989 CLC 1467, 1993 CLC 1602, 2008 SCMR 398, 2010 CLC 599, 2013 CLC 88, PLD 2009 Kar. 268, PLD 2013 Sindh 25, Constitutional petition--TERM , Ejectment Proceedings--TERM , Maintainability--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan, Art.199--- Constitutional petition---Main-tainability--- Ejectment proce

2013 YLR 705 KARACHI-HIGH-COURT-SINDH

Sindh · 2013

NAJAM HARDWARE STORE VS IMRAN 1985 SCMR 1996, 1990 SCMR 544, 1993 CLC 505, 2001 SCMR 1700, 2006 CLC 379, 2008 CLC 431, PLD 1960 SC 266, PLD 1978 Kar. 188, PLD 1982 Kar. 790, PLD 2006 SC 214, Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan, Art.199---Constitutional petition---Eject-ment of tenant---Dema

2013 YLR 469 KARACHI-HIGH-COURT-SINDH

Sindh · 2013

KASHIF ANWAR VS DISTRICT JUDGE, HYDERABAD 1997 CLC 205, 1998 SCMR 2092, 2001 SCMR 338, 2009 MLD 367, PLD 2007 SC 504, Constitutional petition--TERM , Ejectment of Tenant--TERM , Proof--TERM , Qanun-e-Shahadat Order 1984--117 , Qanun-e-Shahadat Order 1984--120 , Sindh Rented Premises Ordinance 1979--15 , S.15---Qanun-e-Shahadat (10 of 1984), Arts.117 & 120---Constitution of Pakistan, Art.

2013 YLR 344 KARACHI-HIGH-COURT-SINDH

Sindh · 2013

MUSLIM COMMERCIAL BANK LTD. VS ABDUL GHAFFAR 1980 SCMR 184, 1985 CLC 922, 1993 CLC 290, 1997 MLD 1030, 2001 CLC 690, 2001 SCMR 338, 2006 SCMR 152, 2011 CLC 633, PLD 1971 Lah. 610, PLD 1976 SC 781, PLD 1981 SC 246, PLD 1988 SC 190, Constitution petition--Term , Ejectment--TERM , Registration Act 1908--17 , Registration Act 1908--49 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Pre

2013 CLC 1770 KARACHI-HIGH-COURT-SINDH

Sindh · 2013

MUHAMMAD ABID VS VIITH ADDITIONAL DISTRICT JUDGE, SOUTH AT KARACHI Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Concurrent findings of fact---Petitioner claimed to be owner in possession of premises and he denied any relationship of tenant an

2013 CLC 1541 KARACHI-HIGH-COURT-SINDH

Sindh · 2013

VICTORIA FURNITURE MART VS STATE LIFE INSURANCE CORPORATION OF PAKISTAN Bona fide personal need of landlord--Term , Constitutional petition--TERM , Sindh Cultural Heritage (Preservation) Act 1994--7 , Sindh Cultural Heritage (Preservation) Act 1994--8 , Sindh Rented Premises Ordinance 1979--15 , S. 15----Sindh Cultural Heritage (Preservation) Act (XII of 1994) Ss.7 & 8---Constitution of Pa

2013 MLD 1233 KARACHI-HIGH-COURT-SINDH

Sindh · 2013

Mrs. GHULAM FATIMA VS Shaikh MUHAMMAD YOUSAF Constitutional petition--TERM , Ejectment of Tenant--TERM , Proof--TERM , Sindh Rented Premises Ordinance 1979--15 , S.15---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Bona fide personal need of landlord and default in monthly rent by tenant---Proof---Tenement, selection of---Ejectment application filed by

2013 MLD 406 KARACHI-HIGH-COURT-SINDH

Sindh · 2013

PRESTIGE TAILORS through Legal Heirs VS STATE LIFE INSURANCE CORPORATION OF PAKISTAN Ejectment petition--term , Sindh Rented Premises Ordinance 1979--15 , S. 15---Ejectment petition---Rent enhanced by court order---Default in payment of rent---Deposit of rent in court by tenant without refusal of landlord to accept the same or sending same to him through money order---Effect---Rent might b

2013 MLD 52 KARACHI-HIGH-COURT-SINDH

Sindh · 2013

Mst. JAMILA VS MUHAMMAD IQBAL 1988 CLC 2078, 1992 CLC 435, 2003 CLC 278, 2006 CLC 379, 2006 SCMR 152, 2012 SCMR 954, PLD 2006 Kar. 658, Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Bona fide personal need of landlord---Concurrent findings o

2013 PLD 245 KARACHI-HIGH-COURT-SINDH

Sindh · 2013

MUHAMMAD ISHAQUE QURESHI VS ZAHIR HUSSAIN JAFRI 2004 MLD 587, Ejectment petition--term , Sindh Rented Premises Ordinance 1979--15 , S. 15---Ejectment petition---Bona fide personal need by landlord---Tenant's plea to have obtained possession of demised shop from previous tenant on payment of Pagri---Failure of tenant to produce documentary evidence or examine previous tenant in support of

2013 CLC 622 KARACHI-HIGH-COURT-SINDH

Sindh · 2013

AAMIR WAHEED VS Mrs. HALEEMA AKHTAR 1994 SCMR 355, 2000 CLC 1252, 2002 SCMR 241, 2002 SCMR 789, Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--24 , Ejectment of Tenant--TERM , Personal need of landlady--Term , Ss. 17(4) & 24---Constitution of Pakistan, Art.23---Ejectment of tenant ---Personal need of landlady---Ejectment of tenant from shops in question

2013 CLC 280 KARACHI-HIGH-COURT-SINDH

Sindh · 2013

MUHAMMAD ISLAM VS SAEED AHMED BUTT Ejectment petition--term , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--7 , Ss. 7 & 15---Ejectment petition---Pugree-holder tenant---Tenant claiming to have paid pugree to landlord---Effect---Payment of pugree, if proved, would .be treated as fixed advance and tenant would be entitled to its refund at time of his evicti

2013 CLC 1077 ISLAMABAD

ICT · 2013

FARRUKH ZIA VS Mst. BUSHRA BEGUM Constitutional petition--TERM , Islamabad Rent Restriction Ordinance 2001--17 , S. 17---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant on grounds of bona fide personal need of landlord and expiry of lease agreement---Ejectment petition was allowed, concurrently---Contention of tenant (petitioner) was that lease agreement b

2013 CLC 963 ISLAMABAD

ICT · 2013

ZHANGE GUOGEN VS Mst. JAHANZEBA BEGUM 1998 CLC 1054, 1998 MLD 1765, 2003 CLC 44, 2003 YLR 2708, 2010 SCMR 1071, PLD 1980 SC 298, PLD 1997 SC 564, PLD 2010 SC 19, Constitutional petition--TERM , Ejectment of Tenant--TERM , Islamabad Rent Restriction Ordinance 2001--10 , Islamabad Rent Restriction Ordinance 2001--11 , Islamabad Rent Restriction Ordinance 2001--17 , Wilful default--Term , Ss

2012 SCMR 1931 SUPREME-COURT

Supreme Court · 2012

Mst. FAKHRA BEGUM VS Mst. SADIA ASHRAF 1984 CLC 2135, 1986 CLC 380, 1987 CLC 679, 1992 SCMR 1170, 1992 SCMR 46, 1993 MLD 707, 1995 CLC 1000, 1996 CLC 1040, 1997 SCMR 567, 2000 CLC 1813, 2000 SCMR 1960, 2010 SCMR 771, PLD 2004 SC 671, Sindh Rented Premises Ordinance 1979--13 , Sindh Rented Premises Ordinance 1979--2 , Ss. 2(i) & 13---eviction of tenant (appellant) sought on grounds of non-

2012 SCMR 1679 SUPREME-COURT

Supreme Court · 2012

FEROZUDDIN VS ADDITIONAL DISTRICT JUDGE, KARACHI EAST 1981 SCMR 1081, 2001 SCMR 1287, 2004 SCMR 1607, Eviction of tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Constitution of Pakistan, Art. 185(3)---eviction of tenant---Personal bona fide need of landlord---Shop in question was required by the landlord for his son, who was residing abroad and was jobles

2012 SCMR 1498 SUPREME-COURT

Supreme Court · 2012

PAKISTAN INSTITUTE OF INTERNATIONAL AFFAIRS VS NAVEED MERCHANT 1973 SCMR 185, 1986 SCMR 650, 1986 SCMR 946, 1996 SCMR 1178, 1997 SCMR 1062, 1998 SCMR 2119, 2001 SCMR 1197, Sindh Rented Premises Ordinance 1979--13 , S. 13---eviction of tenant (respondent)---Personal bona fide need of the landlord (appellant)---Rent controller had ordered eviction of the tenant on the ground of personal bon

2012 SCMR 854 SUPREME-COURT

Supreme Court · 2012

MUHAMMAD AJMAL KHAN VS RASHID SHAFIQUE 1980 SCMR 593, PLD 1982 SC 218, Eviction of tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Constitution of Pakistan, Art. 185(3)---eviction of tenant---Landlords (petitioners), sought eviction of tenant (respondent) on the grounds of demolition and reconstruction of the building and personal bona fide need---Ejectmen

2012 SCMR 854 SUPREME-COURT

Supreme Court · 2012

MUHAMMAD AJMAL KHAN VS RASHID SHAFIQUE West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(2)(vi)---Constitution of Pakistan, Art.185(3)---eviction of tenant on grounds of demolition and reconstruction of building---Scope---Contention of tenant that building was neither required by the landlords for demolition and reconstruction nor for their personal need as the building was i

2012 SCMR 854 SUPREME-COURT

Supreme Court · 2012

MUHAMMAD AJMAL KHAN VS RASHID SHAFIQUE West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(2)(vi)---eviction of tenant on grounds of reconstruction of building--- Permission , for reconstruction for such building---Scope---Provisions of S.13(2)(vi) of West Pakistan Urban Rent Restriction Ordinance, 1959, made it obligatory for the owner/landlord of the building to obtain necess

2012 SCMR 254 SUPREME-COURT

Supreme Court · 2012

HYDER ALI BHIMJI VS VITH ADDITIONAL DISTRICT JUDGE, KARACHI (SOUTH) 1994 SCMR 1507, 1994 SCMR 791, 1998 SCMR 2656, 2009 SCMR 893, PLD 1974 SC 351, PLD 1982 SC 79, Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15(2)(iii)(a)--- Ejectment of tenant--- New plea, raising of---Landlord sought ejectment of tenant on the ground that he formed two independent business e

2012 SCMR 254 SUPREME-COURT

Supreme Court · 2012

HYDER ALI BHIMJI VS VITH ADDITIONAL DISTRICT JUDGE, KARACHI (SOUTH) Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15(2)(iii)(a)---Ejectment of tenant---Sub-letting of premises---Scope---Handing over of the possession of rented premises to some other person exposes a tenant to eviction, under S. 15(2)(iii)(a) of Sindh Rented Premises Ordinance, 1979---Ground of "

2012 SCMR 177 SUPREME-COURT

Supreme Court · 2012

Mst. KULSOOM NAZ VS Dr. ITIFAQ HUSSAIN 1999 MLD 1014, Applicability--Term , Ejectment of Tenant--TERM , Proof--TERM , Sindh Rented Premises Ordinance 1979--15 , S.15---Ejectment of tenant---Wilful default---Proof---Principle of acquisition/waiver--- Applicability--- Co-owner of premises sought ejectment of tenant on the ground that he failed to pay his share of rent from October, 1995 to

2012 YLR 316 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2012

HIDAYAT ULLAH PEERZADA VS KHALID ZAMAN 1996 SCMR 1178, 2000 MLD 87, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13 & 15---Ejectment of tenant was sought on the ground of personal bona fide need of landlord as well as his son; who were jobless and were not occupying any area in which the shops in question were situ

2012 YLR 148 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2012

SHAH MIR VS GHULAM HUSSAIN 1992 SCMR 1170, Ejectment petition--term , West Pakistan Urban Rent Restriction Ordinance 1959--13-A , West Pakistan Urban Rent Restriction Ordinance 1959--13 , Ss. 13 & 13-A---Ejectment petition---Bona fide personal need of landlord and default in payment of rent by tenant---Tenant's plea that landlord had not issued notice regarding transfer of ownernship of d

2012 YLR 148 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2012

SHAH MIR VS GHULAM HUSSAIN 1992 SCMR 1170, Ejectment petition--term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Ejectment petition---Default in payment of rent by tenant, ground of---Tenant's denial of relationship of landlord and tenant between parties---Effect---Such relationship once proved, then no other course would be left for Rent Controller except to order

2012 MLD 673 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2012

MOHI UD DIN VS MUHAMMAD IFTIKHAR SIDDIQUE Illegal Dispossession Act 2005--3 , Illegal Dispossession Act 2005--4 , Illegal Dispossession Act 2005--5 , Illegal Dispossession Act 2005--7 , Ss. 3, 4, 5 & 7---Prevention of illegal possession of property, investigation and procedure, eviction and mode of recovery as an interim relief---Petitioner claimed to be bona fide purchaser of the property

2012 CLC 809 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2012

IBRAR HUSSAIN VS ABDUL KARIM Ejectment Proceedings--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , Ss. 2 & 13---Ejectment proceedings---Appellant alleging husband and wife to be his tenants, sought their eviction from first floor of demised premises---Denial of relationship of landlord and tenant by wife claiming to

2012 CLC 906 PESHAWAR-HIGH-COURT

KPK · 2012

Dr. ABDUL BASIT VS ADDITIONAL DISTRICT JUDGE-II, ABBOTTABAD Constitutional petition--TERM , Good faith--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , Ss. 13 (3) & 13(4)---Constitution of Pakistan, Art. 199---Constitutional Petition---Ejectment of tenant on ground of bona fide personal need of landlord---Concurrent dismissal of ejectment petition---Good faith---Contention

2012 PLD 305 LAHORE-HIGH-COURT-LAHORE

Punjab · 2012

ABDUL WAHAB VS ADDITIONAL SESSIONS JUDGE, OKARA Constitutional petition--TERM , Illegal Dispossession Act 2005--3 , Illegal Dispossession Act 2005--5 , Illegal Dispossession Act 2005--7 , Ss. 3, 5 & 7---Constitution of Pakistan, Art.199---Constitutional petition--- Prevention of illegal possession of property, investigation and procedure, eviction and mode of recovery as an interim relief-

2012 YLR 2892 LAHORE-HIGH-COURT-LAHORE

Punjab · 2012

ABDUL GHANI VS MUHAMMAD YASIN Ejectment of Tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13-A , West Pakistan Urban Rent Restriction Ordinance 1959--13 , Ss. 13 & 13-A---Ejectment of tenant---Illegal possession---Relation of landlord and tenant---Scope---Landlord sought recovery of possession of premises from tenant on the ground of default in payment of monthly rent-

2012 YLR 2293 LAHORE-HIGH-COURT-LAHORE

Punjab · 2012

Syed BAHADURALI SHAH VS ADDITIONAL DISTRICT JUDGE 2004 MLD 577, PLD 2008 Lah. 250, Constitutional petition--TERM , Ejectment of Tenant--TERM , Punjab Rented Premises Act 2009--5 , S.5---Constitution of Pakistan, Art.199--Constitutional petition---Ejectment of tenant---Tenancy agreement, expiry of---Filing of civil suit---Concurrent findings of fact by two courts below---Tenancy agreement

2012 YLR 2107 LAHORE-HIGH-COURT-LAHORE

Punjab · 2012

MUHAMMAD MUSHTAQ VS Mian MUHAMMAD IQBAL 1983 SCMR 1064, 1995 SCMR 678, 2004 MLD 577, 2011 MLD 351, 2012 YLR 148, PLD 1985 SC 1, PLD 1999 SC 1101, Constitutional petition--TERM , Ejectment of Tenant--TERM , Punjab Rented Premises Act 2009--9 , S.9---Constitution of Pakistan, Art.199--Constitutional petition---Ejectment of tenant---Tenancy agreement, expiry of---Relationship of landlord and

2012 CLC 764 LAHORE-HIGH-COURT-LAHORE

Punjab · 2012

Ch. MUHAMMAD NAZIR CHEEMA VS MUJAHID SHER DIL, DCO/CHAIRMAN, DISTRICT TASK FORCE, SIALKOT 1997 SCMR 1020, 1998 SCMR 2386, 2009 SCMR 1018, 2010 PLC (C.S.) 266, 2010 SCMR 1301, 2011 PLC (C.S.) 799, PLD 2010 Kar. 182, PLD 2010 Lah. 546, PLD 2010 SC 61, Constitutional petition--TERM , Dispossession--Term , Executive Order--TERM , West Pakistan Land Revenue Act 1967--117 , West Pakistan Land Reve

2012 CLC 51 LAHORE-HIGH-COURT-LAHORE

Punjab · 2012

Sheikh MUHAMMAD KHALID VS MUHAMMAD RAFIQ ANWAR 1983 SCMR 1064, 1992 SCMR 1352, 1993 CLC 1074, 1994 SCMR 572, 1997 SCMR 315, PLD 1985 SC 1, Ejectment petition--term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13(6) & 15(6)---Ejectment petition---Default in payment of rent, ground of---Denial of relationship of la

2012 CLD 1957 KARACHI-HIGH-COURT-SINDH

Sindh · 2012

Mst. PATHANI VS HABIB BANK LIMITED Eviction of tenant--TERM , Financial Institutions (Recovery of Finances) Ordinance 2001--15 , Financial Institutions (Recovery of Finances) Ordinance 2001--22 , Ss. 15 & 22---Sale of mortgaged property---eviction of tenant---Banking Court, powers of---Appellant resisted execution of decree on the plea that she was bona fide tenant in mortgaged property an

2012 CLD 1957 KARACHI-HIGH-COURT-SINDH

Sindh · 2012

Mst. PATHANI VS HABIB BANK LIMITED Financial Institutions (Recovery of Finances) Ordinance 2001--15 , Pre-conditions--Term , S. 15(6) proviso---Sale of mortgaged property---Tenant, eviction of--- Protection--- Pre-conditions--- Protection provided under proviso to S.15(6) of Financial Institutions (Recovery of Finances) Ordinance, 2001, is available only to such person who is in occupation

2012 PLD 390 KARACHI-HIGH-COURT-SINDH

Sindh · 2012

GULZAR ALI VS STATION HOUSE OFFICER, P.S. KANDIARO Illegal Dispossession Act 2005--7 , Interim Relief--TERM , S. 7---eviction and recovery of possession---Interim relief---Object and scope---Provisions of S.7 of Illegal Dispossession Act, 2005, have been enacted only to hand over possession to owner or occupier---Such powers can only be exercised during trial when court is satisfied that a

2012 YLR 2376 KARACHI-HIGH-COURT-SINDH

Sindh · 2012

Mst. SADIA ASHRAF VS DISTRICT AND SESSIONS JUDGE, (EAST) KARACHI 2009 YLR 2234, 2009 YLR 474, PLD 1981 SC 246, Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 , Ss.2(i) & 15---Constitution of Pakistan, Art.199--.Constitutional petition---eviction of tenant on ground of default in payment of rent---Concurrent dismissal of t

2012 YLR 2354 KARACHI-HIGH-COURT-SINDH

Sindh · 2012

Mst. FATIMA VS Mst. SHARIFA BAI Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--16 , S.16---Constitution of Pakistan, Art.199---Constitutional petition---eviction of tenant on ground of default in payment of rent---Tenant (petitioner) assailed orders of the Appellate Court whereby he was directed to vacate the premises---Validity---Petitioner, had for the first time,

2012 YLR 1734 KARACHI-HIGH-COURT-SINDH

Sindh · 2012

CAPTAIN PQ CHEMICAL INDUSTRIES (PVT.) LTD. VS VITH ADDITIONAL DISTRICT AND SESSIONS JUDGE, KARACHI 1985 CLC 332, 1985 SCMR 1972, 1986 CLC 681, 1989 CLC 1926, 1989 CLC 870, 1989 MLD 3559, 1992 CLC 723, 2005 PTD 1189, 2009 PTD 910, 2010 CLC 365, PLD 2000 SC 787, PLD 2001 Kar. 389, PLD 2006 Kar. 593, Civil Procedure Code --Order II of C.P.C. Frame of Suit--2 , Constitutional petition--TERM , Si

2012 YLR 1291 KARACHI-HIGH-COURT-SINDH

Sindh · 2012

GHULAM MUHAMAMD VS Mrs. MUSTAFA KAZMIE Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--24 , Ss.17 & 24---eviction of tenant on ground of default in payment of rent---Tenant (appellant) challenged order of Rent Controller whereby his eviction from the premises was ordered for failure to comply with the order to deposit the monthly rent---Validity---Order o

2012 YLR 438 KARACHI-HIGH-COURT-SINDH

Sindh · 2012

BILAL VS VITH A.D.J. (South), Karachi 1985 CLC 1606, 1985 CLC 3018, 1992 SCMR 1149, 1999 MLD 3031, 2011 SCMR 320, Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--16 , Ss.16(1) & (2)---Constitution of Pakistan, Art. 199---Constitutional petition---Specific performance of agreement to sell---Denial of relationship of landlord and tenant---Striking off defence---Tentati

2012 YLR 296 KARACHI-HIGH-COURT-SINDH

Sindh · 2012

KHAZAN TECH. (PVT.) LTD. VS Syed FAYYAZ AHMED SHAH 1987 SCMR 1957, 1988 CLC 514, 1992 SCMR 1152, 1998 SCMR 1067, Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--24 , Ejectment of Tenant--TERM , Ss. 17 & 24---Ejectment of tenant---Ex parte order---Tenant assailed ex parte eviction order on the ground that he was not served properly---Validity---Rent Contr

2012 YLR 83 KARACHI-HIGH-COURT-SINDH

Sindh · 2012

Syed ABID ALI VS MUHAMMAD SHAKIR HUSSAIN 1990 CLC 904, 2008 CLC 431, 2010 MLD 1543, Constitutional petition--TERM , Ejectment of Tenant--TERM , Power of Attorney--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--18 , Ss.15 & 18---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Change of owner---Tender of rent---Po

2012 YLR 74 KARACHI-HIGH-COURT-SINDH

Sindh · 2012

Mrs. GHAZALA IFTIKHAR VS CONTROLLER/ADDITIONAL CONTROLLER OF RENTS 2001 SCMR 671, Appeal--TERM , Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--24 , Ejectment of Tenant--TERM , Ss.17 & 24---Appeal---Ejectment of tenant---Default in payment of monthly rent---Contention of landlord was that tenancy agreement had provided that rent was payable in advance o

2012 PLD 23 KARACHI-HIGH-COURT-SINDH

Sindh · 2012

NAVEED MERCHANT VS PAKISTAN INSTITUTE OF INTERNATIONAL AFFAIRS through Accountant 1995 MLD 323, Constitutional petition--TERM , Ejectment of Tenant--TERM , Proof--TERM , Sindh Rented Premises Ordinance 1979--15 , Societies Registration Act 1860--6 , S. 15---Societies Registration Act (XXI of 1860), S.6---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---B

2012 CLC 1897 KARACHI-HIGH-COURT-SINDH

Sindh · 2012

MUHAMMAD PARVAIZ VS MUHAMMAD HANIF Code of Civil Procedure 1908--12 , Constitutional petition--TERM , Jurisdiction--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Civil Procedure Code (V of 1908), S.12(2)---Constitution of Pakistan, Art.199---Constitutional petition---eviction order, setting aside of---Jurisdiction---Ejectment application filed by landlord was allowed by Rent Co

2012 MLD 1081 KARACHI-HIGH-COURT-SINDH

Sindh · 2012

Mst. SAKINA VS Mst. YASMIN TAJ Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant on ground of default in payment of rent---eviction was ordered concurrently by the courts below---Validity---Tenant by her own admission did not make payment for water and conservatory charges, a

2012 MLD 145 KARACHI-HIGH-COURT-SINDH

Sindh · 2012

Syed MUDDASSIR ALI RIZVI VS NAJEEB MALIK 1983 CLC 380, 1983 SCMR 1064, 1987 CLC 2008, 1989 SCMR 2042, 1990 SCMR 973, 1991 CLC 773, 1992 SCMR 917, 1994 CLC 1302, 1994 CLC 1323, 1995 MLD 303, 1999 MLD 1607, PLD 1991 SC 197, PLD 1994 Kar. 177, Code of Civil Procedure 1908--12 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Pr

2012 CLC 1195 KARACHI-HIGH-COURT-SINDH

Sindh · 2012

Haji MUHAMMAD SAEED VS Mst. BANO BEGUM Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--10 , Sindh Rented Premises Ordinance 1979--15 , Ss. 10 & 15---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant on ground of default in payment of rent and bona fide personal need of landlord---eviction of tenant (petitioner) was allowed concurrently

2012 CLC 793 KARACHI-HIGH-COURT-SINDH

Sindh · 2012

ABDUL FAYYAZ KHAN VS IIIrd ADDITIONAL DISTRICT JUDGE, KARACHI, SOUTH 1970 SCMR 471, 1999 CLC 892, 2000 SCMR 472, 2003 MLD 131, 2006 CLC 379, 2006 SCMR 437, 2011 SCMR 290, Constitutional petition--TERM , Ejectment application--Term , Maintainability--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment application

2012 CLC 779 KARACHI-HIGH-COURT-SINDH

Sindh · 2012

Mst. BUSHRA VS Mst. BUSHRA Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Chief Court Rules--RULE , Sindh Rented Premises Ordinance 1979--15 , S. 15(2)(vii)---Sindh Chief Court Rules (O.S.), Rr.105, 106 & 107---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Ex parte order---Service of process---Refusal to accept process---Rent Control

2012 PLD 203 KARACHI-HIGH-COURT-SINDH

Sindh · 2012

REHAN AHMED VS Mrs. NADRA ISRAR Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15(2)(vii)---Constitution of Pakistan, Art.199---Constitutional Petition-Ejectment of tenant---Bona fide personal need---Change in circumstances---Death of landlord---Effect---Tenant assailed eviction order on' the ground that after death of landlord, pl

2012 PCrLJ 731 ISLAMABAD

ICT · 2012

Mufti PERVAIZ MANZOOR VS State 2000 SCMR 122, 2005 PCr.LJ 1681, 2008 SCMR 76, PLD 1997 SC 275, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Criminal breach of trust--TERM , Pakistan Penal Code 1860--406 , Art. 199---Penal Code (XLV of 1860), S. 406---Constitutional petition---Criminal breach of trust---Quashing of F.I.R.---Complainant was tenant of petitioner, agai

2012 MLD 1002 ISLAMABAD

ICT · 2012

SHAHAB-UD-DIN VS ZUBAIR ASLAM 2006 SCMR 1630, 2010 SCMR 1443, PLD 1961 Lah. 601, Constitutional petition--TERM , Islamabad Rent Restriction Ordinance 2001--17 , S. 17---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant on ground of default in payment of rent was ordered concurrently by the courts below---Tenant contended that prior to the filing of the eje

2012 MLD 689 ISLAMABAD

ICT · 2012

Sheikh IJAZ AHMED VS ZUBAIR ASLAM 1992 SCMR 1149, 2006 SCMR 1630, 2010 SCMR 1443, PLD 1961 Lah. 601, PLD 1974 Quetta 1, Constitutional petition--TERM , Ejectment of Tenant--TERM , Islamabad Rent Restriction Ordinance 2001--2 , Islamabad Rent Restriction Ordinance 2001--7 , Ss. 2(k) & 7(3)---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Rent Controlle

2012 CLC 1973 ISLAMABAD

ICT · 2012

MUHAMMAD JAMEEL VS NASEER AHMAD BHUTTA 1995 CLC 315, 2012 SCMR 377, PLD 1975 Quetta 39, PLD 1979 Lah. 132, Constitutional petition--TERM , Ejectment application--Term , Islamabad Rent Restriction Ordinance 2001--17 , Islamabad Rent Restriction Ordinance 2001--24 , Islamabad Rent Restriction Ordinance 2001--25 , Ss. 17, 24 & 25---Constitution of Pakistan, Art.199---Constitutional petition-

2012 CLC 1257 ISLAMABAD

ICT · 2012

NADEEM ASGHAR VS Dr. Sheikh SIRAJ-UL-HAQUE 1991 CLC 53, 2005 MLD 1184, 2006 SCMR 145, 2006 SCMR 152, 2008 SCMR 398, 2010 SCMR 1925, 2010 SCMR 837, 2011 CLC 1606, 2011 SCMR 487, Bona fide personal need--Term , Constitutional petition--TERM , Ejectment of Tenant--TERM , Islamabad Rent Restriction Ordinance 2001--17 , Proof--TERM , S. 17---Constitution of Pakistan, Art.199---Constitutional p

2011 SCMR 1009 SUPREME-COURT

Supreme Court · 2011

MUBASHIR AHMAD VS Syed MUHAMMAD SHAH Limitation Act 1908--SCHI, 113 , Proof--TERM , Qanun-e-Shahadat Order 1984--117 , Specific Relief Act 1877--12 , S. 12---Qanun-e-Shahadat (10 of 1984), Art. 117---Limitation Act (IX of 1908), Art. 113---Suit for specific performance of oral agreement to sell land---Defendant alleging transaction entered between parties in year 1973 to be for lease of la

2011 PLD 331 SUPREME-COURT

Supreme Court · 2011

IBRAHIM TRUST, KARACHI VS SHAHEEN FREIGHT SERVICES Sindh Rented Premises Ordinance 1979--15 , S. 15(2)(ii), proviso---Default in payment of rent by the tenant---Application to Rent Controller---Scope---Provision of S.15(2)(ii) of the Sindh Rented Premises Ordinance, 1979 provides two eventualities for the purpose i.e. where the time for payment of rent is fixed by mutual agreement between

2011 PLC 307 KARACHI-HIGH-COURT-SINDH

Sindh · 2011

MAHMOOD HUSSAIN LARIK VS MUSLIM COMMERCIAL BANK LIMITED 1985 SCMR 401, 1990 SCMR 1621, 1992 SCMR 1181, 1992 SCMR 1891, 1993 SCMR 488, 1993 SCMR 511, 1997 SCMR 1630, 2003 SCMR 875, 2005 SCMR 1371, PLD 1961 SC 349, PLD 1974 SC 22, PLD 1988 SC 416, PLD 2003 SC 315, Constitution of Pakistan 1973--185 , Maintainability--TERM , Art. 185(2)(d)(e) & (3)--- Appeal to Supreme Court---Maintainabilit

2011 CLC 1844 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2011

MAHESH KUMAR CHAWALA VS Haji ABDUL KARIM West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13(2)(ii)(a), (3)(a) & 15---Ejectment of tenant on grounds of subletting by tenant and personal bona fide need of landlord for his son---Landlord had not mentioned as to which of his sons was jobless, for whom the shop was required

2011 CLC 1613 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2011

Haji HUSSAIN KHAN VS Haji ABDULLAH JAN Code of Civil Procedure 1908--115 , Determination--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Civil Procedure Code (V of 1908), S.115---Ejection of tenant---Relationship of landlord and tenant---Determination---Subletting of premises---Tenant without permission of landlord sublet the premises and put petitioners in posses

2011 CLC 1606 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2011

MEHMOOD KHAN VS MUHAMMAD IBRAHIM Ejectment of Tenant--TERM , Pleadings--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Ejectment of tenant---Pleadings---Bona fide personal need---Non-mention of intended business---Effect---eviction application cannot be dismissed on the ground that specific business, intended to be started and carried on in premises in question, i

2011 CLC 1606 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2011

MEHMOOD KHAN VS MUHAMMAD IBRAHIM Ejectment of Tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Ejectment of tenant---Bona fide personal need---Old age of landlord---Allegation of selling the property by landlord---Ejectment application was filed by landlord on the ground of personal need and the same was allowed by Rent Controller passing eviction order agai

2011 PLD 238 PESHAWAR-HIGH-COURT

KPK · 2011

Mst. SHAGUFTA SHAHEEN VS MUHAMMAD ISMAIL QURESHI Ejectment of Tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(6)---Ejectment of tenant---Tentative rent order---Object, purpose and scope---Sort of security is provided under such order to landlord for early decision of litigation and to save him from further expensive course of instituting a separate suit for r

2011 CLC 477 PESHAWAR-HIGH-COURT

KPK · 2011

AZIZ-UR-REHMAN VS QURBAN ALI 1985 MLD 1485, 1989 SCMR 1847, 1996 SCMR 1178, 1997 SCMR 1062, PLD 1983 Pesh. 67, PLD 1987 Lah. 280, Constitutional petition--TERM , Eviction proceedings--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13-A , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , Ss. 13(2)(vi), 13-A & 2(c

2011 PLD 531 LAHORE-HIGH-COURT-LAHORE

Punjab · 2011

MUHAMMAD NAWAZ SHEIKH VS MANZAR HASSAN 1988 CLC 245, 1998 CLC 1054, 2010 SCMR 1071, Constitutional petition--TERM , Ejectment Proceedings--TERM , Punjab Rented Premises Ordinance 2007--19 , Punjab Rented Premises Ordinance 2007--24 , Ss. 19 & 24(4)---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment proceedings---Wilful default---Scope---Order for deposit of arrears

2011 PLD 311 LAHORE-HIGH-COURT-LAHORE

Punjab · 2011

EHSAN ABBAS VS KHUSH ABBAS Constitutional petition--TERM , Eviction of tenant--TERM , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--19 , Ss. 15 & 19(4)---Constitution of Pakistan, Art.199---Constitutional petition---eviction of tenant---Rent Tribunal rejected tenant's objection to submission of affidavits of witnesses by the landlord at a later stage---Tenant conte

2011 PLD 258 LAHORE-HIGH-COURT-LAHORE

Punjab · 2011

GOVERNMENT OF PUNJAB VS ANJAMAN-I-TARRAQI-I-TALIM 1987 SCMR 1189, 1987 SCMR 1197, 1989 MLD 3020, 1989 SCMR 558, 1991 SCMR 145, Cantonments Rent Restriction Act 1963--17 , Ejectment petition--term , Maintainability--TERM , Proof--TERM , S.17---Ejectment petition---Maintainability---Relationship of landlord and tenant---Proof---Land in question was leased out by Federal Government to respon

2011 YLR 2977 LAHORE-HIGH-COURT-LAHORE

Punjab · 2011

WAHEED UZ ZAMAN KHAN VS Syed HASSAN RAZA BUKHARI 1982 SCMR 1056, 1984 SCMR 446, PLD 1976 SC 781, PLD 1991 SC 242, PLD 1999 SC 1101, PLD 2003 Lah. 389, Agreement to Sell--TERM , Constitutional petition--TERM , Ejectment of Tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S.13---Constitution of Pakistan, Art.199--Constitutional petition---Ejectment of tenant---Agreem

2011 YLR 2460 LAHORE-HIGH-COURT-LAHORE

Punjab · 2011

ROHTAS (PVT.) LTD. VS Mrs. ASIYA FAYYAZ 1993 CLC 334, 2008 SCMR 1259, Additional evidence--TERM , Cantonments Rent Restriction Act 1963--17 , Ejectment of Tenant--TERM , S. 17--- Ejectment of tenant--- Bona fide personal need--- Default in payment of monthly rent--- Additional evidence---Ejectment application filed by landlady was allowed by Rent Controller and eviction order was passed a

2011 YLR 2205 LAHORE-HIGH-COURT-LAHORE

Punjab · 2011

AFTAB AHMAD RAJA VS Malik FAIZULLAH KHAN AFRIDI PLD 2009 Lah. 429, Constitutional petition--TERM , Ejectment of Tenant--TERM , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--22 , Punjab Rented Premises Act 2009--5 , Punjab Rented Premises Act 2009--6 , Punjab Rented Premises Act 2009--8 , Ss.5, 6, 8, 15 & 22---Constitution of Pakistan, Art. 199--- Constitutional pe

2011 YLR 1958 LAHORE-HIGH-COURT-LAHORE

Punjab · 2011

MUHAMMAD AFZAL VS GULAB DEVI CHEST HOSPITAL, LAHORE Constitutional petition--TERM , Ejectment application--Term , Punjab Rented Premises Ordinance 2007--19 , Punjab Rented Premises Ordinance 2007--22 , Ss. 19 & 22---Constitution of Pakistan, Art. 199--- Constitutional petition---Ejectment application---Application for leave to contest---Tenant appeared and case was adjourned for permission

2011 YLR 1169 LAHORE-HIGH-COURT-LAHORE

Punjab · 2011

RASOOL BIBI VS MUHAMMAD BASHIR Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--10 , Code of Civil Procedure 1908--47 , Execution of decree--TERM , S. XXI, R.10 & S.47---Execution of decree---Objection to---Executing Court issued warrant of possession against judgment-debtors on the ground that right of decree-holders had become final upto High Court and even if

2011 YLR 138 LAHORE-HIGH-COURT-LAHORE

Punjab · 2011

TARIQ AHMAD FAROOQI VS ADDITIONAL DISTRICT JUDGE, LAHORE 1974 SCMR 504, 1982 CLC 422, PLD 1990 Lah. 457, PLD 2002 Lah. 355, West Pakistan Urban Rent Restriction Ordinance 1959--13 , S.13(6)---Tentative rent deposit order---Striking off defence of tenant and passing of ejectment order for non-compliance with rent order---Landlord's application to Rent Controller to finally determine rent d

2011 CLC 1771 LAHORE-HIGH-COURT-LAHORE

Punjab · 2011

Mst. ZAHIDA AZAM VS SOHAIL RAFIQUE 1974 SCMR 504, Determination--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(6)---Arrears of rent---Determination---Rent Controller, jurisdiction of---Landlady asserted that rate of rent per month was Rs.46,948 while tenant claimed it to be 17,716 per month but Rent Controller assessed tentative rent as Rs.30,000 per month and the

2011 CLC 1610 LAHORE-HIGH-COURT-LAHORE

Punjab · 2011

MUHAMMAD IRFAN VS TARIQ MEHMOOD PLD 1991 SC 997, Code of Civil Procedure 1908--12 , Constitutional petition--TERM , Fraud and misrepresentation--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Civil Procedure Code (V of 1908), S.12(2)---Constitution of Pakistan, Art.199---Constitutional petition---Void order---Fraud and misrepresentation---Judgment, setting aside

2011 CLC 1564 LAHORE-HIGH-COURT-LAHORE

Punjab · 2011

Mst. SHAMSHAD BEGUM VS AKHTAR HUSSAIN ANJUM PLD 1968 SC 140, PLD 1969 SC 136, Ejectment of Tenant--TERM , Second Appeal--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--22 , Ss. 13 & 22---Second appeal---Ejectment of tenant---Title, determination of---Tenant denied relationship of landlord and tenant but Rent Controller

2011 CLC 1503 LAHORE-HIGH-COURT-LAHORE

Punjab · 2011

Ch. MUHAMMAD SHAHZAD ASLAM NAZ VS SPECIAL JUDGE (RENT), MULTAN Punjab Rented Premises Act 2009--5 , Punjab Rented Premises Act 2009--8 , Punjab Rented Premises Act 2009--9 , Ss. 5, 8 & 9--- Existing tenancy---Term "entertains" as used in S.9 of the Act---Scope---Non-registration of tenancy agreement-Effect--Parties are not exempted from registration and after promulgation of Punjab Rented

2011 MLD 736 LAHORE-HIGH-COURT-LAHORE

Punjab · 2011

MUHAMMAD SHARIF VS Malik ABDUL RAZZAQ 2002 CLC 1900, Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--97 , Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--98 , Constitutional petition--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , Ss. 13---Civil Procedure Code (V of 1908), O.XXI, Rr.97 & 98---Constitution of Pakista

2011 MLD 226 LAHORE-HIGH-COURT-LAHORE

Punjab · 2011

TAIMUR SHEHZAD VS SAQIB LATIF Constitutional petition--TERM , Islamabad Rent Restriction Ordinance 2001--1 , Islamabad Rent Restriction Ordinance 2001--17 , Ss.1(ii) & 17---S.R.O. 538/(I)/2004 dated 24-6-2004---Constitution of Pakistan, Art.199---Constitutional petition---Contention of the tenant was that the eviction proceedings could not be initiated in respect of the demised premises in

2011 CLC 652 LAHORE-HIGH-COURT-LAHORE

Punjab · 2011

ZAKIUDDIN AHMAD SIDDIQUI VS ADDITIONAL DISTRICT JUDGE, ISLAMABAD 1984 CLC 2837, 1985 CLC 892, 2001 SCMR 577, 2006 SCMR 642, PLD 1978 SC 220, PLD 2001 SC 158, Constitutional petition--TERM , Ejectment of Tenant--TERM , Islamabad Rent Restriction Ordinance 2001--17 , S. 17---Constitution of Pakistan Art.199---Constitutional petition--Ejectment of tenant---Concurrent findings of fact---Inter

2011 PLD 615 LAHORE-HIGH-COURT-LAHORE

Punjab · 2011

Syed MUMTAZ HUSSAIN VS Mst. NAZIMA NAQVI 2007 MLD 732, 2009 CLC 34, 2009 YLR 1736, 2009 YLR 2379, 2010 SCMR 446, Constitutional petition--TERM , Ejectment of Tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , Ss. 2(c) & 13---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Rel

2011 PLD 42 LAHORE-HIGH-COURT-LAHORE

Punjab · 2011

IJAZ AHMAD VS SURIYA AKHTAR 2003 SCMR 29, 2007 YLR 2083, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Punjab Rented Premises Ordinance 2007--15 , Punjab Rented Premises Ordinance 2007--19 , Punjab Rented Premises Ordinance 2007--21 , Punjab Rented Premises Ordinance 2007--22 , Ss. 15, 19(4), 21 (1) & 22---Constitution of Pakistan, Art.19

2011 PLD 624 KARACHI-HIGH-COURT-SINDH

Sindh · 2011

MUHAMMAD USMAN S. MEMON VS IVTH ADDITIONAL DISTRICT AND SESSIONS JUDGE, HYDERABAD Illegal Dispossession Act 2005--3 , Illegal Dispossession Act 2005--7 , Ss. 3 & 7---Offence of illegal dispossession---eviction and mode of recovery of possession as an interim relief---Scope---Four points, could be made with regard to subsection (1) of S.7 of Illegal Dispossession Act, 2005; firstly, the jur

2011 YLR 2641 KARACHI-HIGH-COURT-SINDH

Sindh · 2011

Mrs. FEROZ AFAQ AHMED VS HAROON SIDDIQUE 1985 CLC 3014, 1988 CLC 1041, 1991 CLC 1881, 1991 MLD 1377, 1993 SCMR 356, 1997 MLD 98, 2001 MLD 1037, 2003 CLC 504, PLD 1994 Kar. 209, PLD 1994 Pesh. 235, PLD 2003 SC 594, Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , S.15--Constitution of Pakistan, Art.199--Constitutional petition---Ejectme

2011 YLR 2560 KARACHI-HIGH-COURT-SINDH

Sindh · 2011

GHULAM QADIR VS Sharimati SADORI BAIE Civil Procedure Code --Order IX of C.P.C. Appearance of Parties and Consequence of Non-Appearance--9 , Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--22 , S. 22---Civil Procedure Code (V of 1908), O.IX, R.9---Constitution of Pakistan, Art. 199---Constitutional petition---Execution of ejectment order, pendency of---Application for

2011 YLR 1296 KARACHI-HIGH-COURT-SINDH

Sindh · 2011

MUHAMMAD SHAMIM FAROOQI VS FAISAL HADI 2004 MLD 587, Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan, Art.199--- Constitutional petition--Ejectment of tenant---Concurrent findings of fact by the Courts below---Ejectment application filed by landlord was accepted by Rent Controller and tenants were dire

2011 PLD 16 KARACHI-HIGH-COURT-SINDH

Sindh · 2011

RASHID AHMAD VS MUHAMMAD SHABBIR 2009 SCMR 70, 2010 SCMR 189, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Entitlement--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--19 , Sindh Rented Premises Ordinance 1979--2 , Ss. 2(f), 15 & 19---Constitution of Pakistan, Art.199---Constitutional petition---Ej

2011 CLC 1847 KARACHI-HIGH-COURT-SINDH

Sindh · 2011

MUHAMMAD ISMAIL VS SIR JAHANGIR KOTHARI TRUST PLD 1967 Lah. 915, Civil Procedure Code --Order VII of C.P.C. Plaint--11 , Code of Civil Procedure 1908--92 , Specific Relief Act 1877--42 , Specific Relief Act 1877--54 , S. 92 & O.VII, R.11---Specific Relief Act (I of 1877), Ss. 42 & 54---Suit for declaration and permanent injunction---Rejection of plaint---Trust Deed and will of testator pr

2011 CLC 1847 KARACHI-HIGH-COURT-SINDH

Sindh · 2011

MUHAMMAD ISMAIL VS SIR JAHANGIR KOTHARI TRUST Eviction of tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---eviction of tenant---Scope---Tenant could be evicted only in accordance with law and mere change of ownership would not result in his eviction.

2011 MLD 1561 KARACHI-HIGH-COURT-SINDH

Sindh · 2011

SAEED AHMED VS PERVAIZ AHMED 1984 CLC 2596, 1986 CLC 2858, 1990 SCMR 1243, 1992 SCMR 1303, 1996 SCMR 1233, 1996 SCMR 1239, 2000 SCMR 247, 2001 MLD 1176, 2001 MLD 1225, 2006 SCMR 12, 2006 SCMR 152, 2008 SCMR 28, 2008 SCMR 398, 2008 SCMR 402, 2010 YLR 815, PLD 1973 SC 236, PLD 1993 Kar. 502, PLD 2001 SC 355, Ejectment petition--term , Sindh Rented Premises Ordinance 1979--15 , S. 15(2)---Ej

2011 MLD 860 KARACHI-HIGH-COURT-SINDH

Sindh · 2011

JAWAID MASAUD AHMED KHAN VS ISLAMUDDIN Specific Relief Act 1877--12 , Specific Relief Act 1877--42 , Specific Relief Act 1877--54 , Ss. 12, 42 & 54---Suit for declaration, specific performance and permanent injunction---Application for injunctive order---Plaintiff who was tenant of suit property, claimed to have entered into agreement for purchase of suit property with its owner/landlord f

2011 CLC 955 KARACHI-HIGH-COURT-SINDH

Sindh · 2011

ASHFAQ GHORI VS IVth ADDITIONAL DISTRICT JUDGE, KARACHI 2010 MLD 554, Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--22 , Ss. 15 & 22---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Stay of execution proceedings---Ejectment application filed by landlord was a

2011 MLD 89 KARACHI-HIGH-COURT-SINDH

Sindh · 2011

MUHAMMAD DIN VS Mst. SHAMIM AKHTAR Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--16 , Ss. 14, 15 & 16---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Past and closed transaction-

2011 CLC 538 KARACHI-HIGH-COURT-SINDH

Sindh · 2011

AHMED VS Miss AISHA TARIQ Cantonments Rent Restriction Act 1963--15 , Cantonments Rent Restriction Act 1963--7 , Ejectment of Tenant--TERM , Ss. 7(5) & 15---Ejectment of tenant---Default in monthly rent---Expiry of tenancy agreement---Rate of monthly rent---Contention of tenant was that after expiry of tenancy agreement, no new agreement was executed between the parties; therefore,, he had

2011 PLD 6 KARACHI-HIGH-COURT-SINDH

Sindh · 2011

Mrs. ZAHIDA KHAN VS Mst. GULNAZ QURESHI 1985 SCMR 2012, 1993 MLD 2183, 1997 CLC 33, 2008 SCMR 28, PLD 2006 SC 422, Ejectment petition--term , Sindh Rented Premises Ordinance 1979--15 , S.15---Ejectment petition---Personal bona fide need of landlady---Landlady living in, U.S.A. pleaded that she wanted to return to Pakistan and occupy her own house; and that whenever she with her family cam

2011 PLD 6 KARACHI-HIGH-COURT-SINDH

Sindh · 2011

Mrs. ZAHIDA KHAN VS Mst. GULNAZ QURESHI 1993 MLD 2183, Ejectment petition--term , Sindh Rented Premises Ordinance 1979--15 , S. 15---Ejectment petition---Ground of running of school in the demised Premises by tenant---Validity---Landlady when purchased demised premises, a school was running therein, which position continued thereafter---Landlady's right to seek eviction on such ground wou

2011 PLD 30 ISLAMABAD

ICT · 2011

JAVAID AHMED VS MUHAMMAD IMRAN MALIK 1995 SCMR 1125, Constitutional petition--TERM , Ejectment of Tenant--TERM , Islamabad Rent Restriction Ordinance 2001--17 , S.17---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant--- Statement of attorney---Choice of landlord---Scope---Landlord sought ejectment of tenant on the ground of bona fide personal need and defa

2011 YLR 765 ISLAMABAD

ICT · 2011

Major (Rtd.) NADEEM UDDIN KHALID VS BUSHRA BEGUM 1990 SCMR 544, 1996 SCMR 1178, 2001 SCMR 577, 2003 CLC 917, 2008 SCMR 488, 2009 MLD 955, 2009 SCMR 846, 2009 YLR 2234, Constitutional petition--TERM , Islamabad Rent Restriction Ordinance 2001--17 , Islamabad Rent Restriction Ordinance 2001--21 , Ss. 17 & 21---Constitution of Pakistan, Art.199--- Constitutional petition---Ejectment of tenan

2011 PLD 14 ISLAMABAD

ICT · 2011

LIAQUAT ALI VS ADDITIONAL SESSIONS JUDGE, ISLAMABAD 1968 SCMR 734, 1986 CLC 1378, 1990 MLD 2217, 1994 SCMR 1507, 2005 CLC 792, Constitutional petition--TERM , Ejectment of Tenant--TERM , Islamabad Rent Restriction Ordinance 2001--17 , Islamabad Rent Restriction Ordinance 2001--2 , Ss. 2(g) & 17(9)---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Striki

2011 PLD 14 ISLAMABAD

ICT · 2011

LIAQUAT ALI VS ADDITIONAL SESSIONS JUDGE, ISLAMABAD 1987 SCMR 565, 2008 SCMR 1395, Civil Procedure Code --Order I of C.P.C. Parties to Suits--10 , Ejectment petition--term , Islamabad Rent Restriction Ordinance 2001--17 , Islamabad Rent Restriction Ordinance 2001--2 , Ss. 2 (g) & 17 (9)---Civil Procedure Code (V of 1908), O. I, R. 10--- Ejectment petition--- Necessary party--- Tenancy was

2010 SCMR 1433 SUPREME-COURT

Supreme Court · 2010

MUMTAZ AHMED VS SAEED AHMED alias KHALID PLD 1973 Kar. 284, Declaration of title--Term , Qanun-e-Shahadat Order 1984--115 , Specific Relief Act 1877--42 , S 42---Qanun-e-Shahadat (10 of 1984), Art. 115---Declaration of title---Estoppel of tenant---Land in question was owned by local government, and plaintiffs had constructed shops over it with permission of the authorities---Defendants we

2010 SCMR 837 SUPREME-COURT

Supreme Court · 2010

CAPTAIN PQ CHEMICAL INDUSTRIES (PVT.) LTD. VS Mrs. ROMANA AMJAD Cantonments Rent Restriction Act 1963--17 , Ejectment of Tenant--TERM , S. 17(4)(a)---Ejectment of tenant---Bona fide personal need of landlady---Unsuitability of other premises, non-disclosure in application---eviction order passed by Rent Controller against tenant on the ground of bona fide personal need of landlady was main

2010 SCMR 795 SUPREME-COURT

Supreme Court · 2010

JAVED MASIH VS ADDITIONAL DISTRICT JUDGE, LAHORE PLD 1981 SC 246, PLD 1981 SC 522, Constitution of Pakistan 1973--185 , Ejectment of Tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Constitution of Pakistan (1973), Art.185---Ejectment of tenant---Striking off defence---Concurrent findings of fact by courts below---Interference by Supreme Court---Principles-

2010 SCMR 478 SUPREME-COURT

Supreme Court · 2010

MUHAMMAD ASHRAF JAVAID VS ALLAH RAKHA Contract Act 1872--28 , Ejectment petition--term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Contract Act (IX of 1872), S.28---Ejectment petition---Bona fide personal need of landlord, ground of---Tenancy agreement containing a stipulation to the effect that landlord on receipt of Rs.80,000 would not eject tenant on ground of pe

2010 SCMR 473 SUPREME-COURT

Supreme Court · 2010

SHAMSHAD VS ARIF ASHRAF KHAN Ejectment of Tenant--TERM , Proof--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Ejectment of tenant---Subletting of premises---Proof---Pleadings and evidence---Contradictions---Name of sub-tenant mentioned in notice issued by landlord was different than that mentioned in ejectment petition---Effect---There was contradiction in ejectm

2010 SCMR 446 SUPREME-COURT

Supreme Court · 2010

PURDIL KHAN VS AZIZ-UR-REHMAN 2007 SCMR 866, PLD 1980 SC 198, PLD 2000 SC 63, Condonation of delay--TERM , Ejectment of Tenant--TERM , Limitation Act 1908--5 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Limitation Act (IX of 1908), S.5---Ejectment of tenant---Time-barred appeal---Condonation of delay---Review of judgment passed by High Court---eviction order passed

2010 PLD 709 SUPREME-COURT

Supreme Court · 2010

MAHBOOB ELAHI VS Mst. HAMIDA BEGUM 1980 CLC 2145, 1984 CLC 2804, 1995 MLD 1104, PLD 2003 Quetta 68, Constitution of Pakistan 1973--185 , Ejectment petition--term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , Ss. 2(b), 13(2)(iv), (3)(a)(i)(ii), (4) & (5)---Constitution of Pakistan (1973), Art.185(3)---Ejectment petition

2010 PLD 709 SUPREME-COURT

Supreme Court · 2010

MAHBOOB ELAHI VS Mst. HAMIDA BEGUM Constitution of Pakistan 1973--185 , Ejectment petition--term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(2)(iv), (3)(a)(i)(ii), (4) (5) & (5-A)---Constitution of Pakistan (1973), Art. 185(3)--- Ejectment petition--- Bona fide personal need of landlord and reconstruction of demised shop---eviction of tenant ordered by Rent Controller

2010 PLD 33 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2010

MUHAMMAD ANWAR VS ABDUL HAMEED PLD 1991 SC 645, Ejectment Proceedings--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Ejectment proceedings---Interested witnesses, evidence of---Effect---Rent Controller relied upon the evidence of witnesses who were party in eviction applications and were trying to take benefit of their own statements by appearing as witnesses in

2010 YLR 1184 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2010

GUL WALI VS WIDOW OF SHEIKH GHULAM NABI 1984 CLC 2835, 2001 CLC 1819, PLD 1996 Pesh. 8, Ejectment of Tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S.13(6)--- Ejectment of tenant---Striking off defence---Tentative rent order---Denial of relationship of landlord and tenant---Tenant assailed eviction order passed by Rent Controller on the ground that on denial of r

2010 MLD 1477 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2010

TUFAIL MUHAMAMD VS JOINT ESTATE OFFICER Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--5 , Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--6 , Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--9 , Specific Relief Act 1877--42 , Specific Relief Act 1877--54 , Ss. 5, 6 & 9---Specific Relief Act (I

2010 PLD 99 PESHAWAR-HIGH-COURT

KPK · 2010

PESHAWAR DEVELOPMENT AUTHORITY VS AWAL KHAN 1990 MLD 815, N.-W.F.P. Public Property (Removal of Encroachment) Act 1977--11 , N.-W.F.P. Public Property (Removal of Encroachment) Act 1977--2 , N.-W.F.P. Public Property (Removal of Encroachment) Act 1977--3 , N.-W.F.P. Public Property (Removal of Encroachment) Act 1977--PREAMBLE , Preamble, Ss.2, 3 & 11---Purpose and object of North-West Fro

2010 PLD 99 PESHAWAR-HIGH-COURT

KPK · 2010

PESHAWAR DEVELOPMENT AUTHORITY VS AWAL KHAN 1990 MLD 815, Civil Procedure Code --Order VII of C.P.C. Plaint--11 , N.-W.F.P. Public Property (Removal of Encroachment) Act 1977--11 , N.-W.F.P. Public Property (Removal of Encroachment) Act 1977--13 , N.-W.F.P. Public Property (Removal of Encroachment) Act 1977--17 , N.-W.F.P. Public Property (Removal of Encroachment) Act 1977--3 , N.-W.F.P. Pub

2010 PLD 56 LAHORE-HIGH-COURT-LAHORE

Punjab · 2010

MUHAMMAD AFZAL NAJEEB VS Mst. AYSHA KHANNA 1994 MLD 2162, 1999 CLC 917, 2001 SCMR 1140, 2004 CLC 582, PLD 1993 Lahore 121, Cantonments Rent Restriction Act 1963--17-A , Cantonments Rent Restriction Act 1963--17 , Ejectment of Tenant--TERM , Ss. 17 & 17-A---Ejectment of tenant---Default in payment of rent---Deposit of rent in court---Change of ownership---Notice to tenant---Scope---Tenant

2010 CLC 1839 LAHORE-HIGH-COURT-LAHORE

Punjab · 2010

MUHAMMAD JAFFAR VS ADDITIONAL DISTRICT JUDGE, LAHORE Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--21 , Ss. 15 & 21(4)(5)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant---Tenant claimed to have purchased the shop through regis

2010 CLC 1601 LAHORE-HIGH-COURT-LAHORE

Punjab · 2010

SH. NIAZ AHMED VS UMER HAYAT KHAN KHARAL Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Punjab Rented Premises Ordinance 2007--22 , S. 22(vi)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant--Non-filing of application for leave to contest---Effect---Landlord filed eviction petition before the Rent C

2010 CLC 1557 LAHORE-HIGH-COURT-LAHORE

Punjab · 2010

KHURRAM SHUJA VS Mst. KISHWAR ZIA 1988 SCMR 197, 1999 SCMR 1060, 1999 YLR 610, 2000 SCMR 556, 2001 SCMR 577, 2007 CLC 1075, 2009 SCMR 54, Bona fide personal need of landlord--Term , Ejectment of Tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss.13 & 15---Ejectment of tenant---Bona fide personal need of lan

2010 CLC 1095 LAHORE-HIGH-COURT-LAHORE

Punjab · 2010

MUHAMMAD SIDDIQUE BUTT VS ADDITIONAL DISTRICT JUDGE, LAHORE 1986 CLC 448, 1994 CLC 1302, 2000 SCMR 903, 2001 CLC 1641, PLD 1982 SC 218, PLD 2001 SC 158, Appeal--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13(3)(11),(4) & 15---Ejectment of tenant on ground of bona fide personal need---Appeal---Landlord insti

2010 PLD 281 LAHORE-HIGH-COURT-LAHORE

Punjab · 2010

MUHAMMAD USMAN VS ADDITIONAL DISTRICT JCDGE, LAHORE 2006 SCMR 1751, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Punjab Rented Premises Ordinance 2007--19 , Punjab Rented Premises Ordinance 2007--2 , Punjab Rented Premises Ordinance 2007--5 , Punjab Rented Premises Ordinance 2007--8 , Punjab Rented Premises Ordinance 2007--9 , Punjab Rented Premises Ordinance 2007--PR

2010 MLD 781 LAHORE-HIGH-COURT-LAHORE

Punjab · 2010

DIN MUHAMMAD VS MUHAMMAD LATIF Specific Relief Act 1877--8 , S. 8---Suit for possession---Plaintiff averred that he had purchased suit-land through a registered sale deed; defendant was a tenant under previous vendor but had refused to vacate the suit-land---Plaintiff filed eviction petition which was dismissed by Rent Controller--Defendant resisted the suit contending that he never remain

2010 MLD 768 LAHORE-HIGH-COURT-LAHORE

Punjab · 2010

MASOOD AHMAD VS SENIOR MEMBER, BOARD OF REVENUE, PUNJAB, LAHORE PLD 1978 SC 242, Colonization of Government Lands (Punjab) Act 1912--10 , Colonization of Government Lands (Punjab) Act 1912--32 , Colonization of Government Lands (Punjab) Act 1912--34 , Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ss. 10, 32 & 34---Constitution of Pakistan (1973), Art. 199---Constitu

2010 YLR 2549 KARACHI-HIGH-COURT-SINDH

Sindh · 2010

MUHAMMAD IRFAN VS Haji ABDUL GHANI 1979 SCMR 443, 1982 SCMR 1120, 1986 MLD 722, 1986 SCMR 751, 1986 SCMR 753, 1991 CLC 1902, 1991 MLD 1340, 1991 SCMR 2300, 1992 CLC 2495, 1995 CLC 457, 1995 SCMR 146, 1996 CLC 949, 2000 SCMR 542, 2001 SCMR 1140, 2006 SCMR 117, 2006 SCMR 152, PLD 1978 Kar. 149, PLD 1982 SC 465, PLD 2006 SC 549, Ejectment petition--term , Sindh Rented Premises Ordinance 1979--1

2010 YLR 2189 KARACHI-HIGH-COURT-SINDH

Sindh · 2010

SHERAZ AHMED VS Mst. SUGHRA BARI 1968 SCMR 734, 1986 CLC 110, 1986 CLC 1378, PLD 1968 Lah. 20, Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--24 , Ss. 17(2)(ii)(a) & 24---Ejectment of sub-tenant after vacating the premises by original tenant---Sub-lessee or an under tenant was a person bound by a decree for possession obtained by the lessor against the

2010 YLR 874 KARACHI-HIGH-COURT-SINDH

Sindh · 2010

FEROZUDDIN VS II-ADDITIONAL DISTRICT JUDGE, KARACHI EAST 1968 SCMR 959, 1981 SCMR 1081, 1981 SCMR 844, 1988 MLD 1412, 1990 SCMR 1070, 1991 CLC 1902, 1991 MLD 1303, 1992 MLD 1737, 1993 SCMR 1559, 1997 SCMR 1062, 2001 SCMR 1287, 2004 SCMR 1607, PLD 1981 Kar. 537, PLD 1981 SC 246, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premi

2010 YLR 68 KARACHI-HIGH-COURT-SINDH

Sindh · 2010

MUHAMMAD JEHANGIR VS Malik ABID HUSSAIN 1994 CLC 1866, 1998 SCMR 2092, 2001 SCMR 1434, 2005 CLC 1696, PLD 1993 Karachi 300, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--3 , Ss.3 & 15---Constitution of Pakistan (1973), Art.199---Constitutional petition--Eject

2010 MLD 665 KARACHI-HIGH-COURT-SINDH

Sindh · 2010

MUHAMMAD ASGHAR VS ABDUL REHMAN 1994 SCMR 1507, 2000 CLC 997, PLD 1974 SC 351, PLD 1982 SC 79, PLD 2005 Kar. 30, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , Ss. 15(2)(iii)(a) & 21---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant on ground

2010 MLD 665 KARACHI-HIGH-COURT-SINDH

Sindh · 2010

MUHAMMAD ASGHAR VS ABDUL REHMAN 1988 SCMR 819, 1996 CLC 381, 1998 SCMR 2119, 2001 SCMR 1197, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15(2)(vii)---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Bona fide personal need of landlord---Landlord had contended that he was jobless and had no other pl

2010 MLD 665 KARACHI-HIGH-COURT-SINDH

Sindh · 2010

MUHAMMAD ASGHAR VS ABDUL REHMAN Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15(2)(iii)(a)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Subletting---Proof of---Tenant had admitted in his cross-examination that two occupants of shops in the premises in question were paying rent; he however, did n

2010 MLD 665 KARACHI-HIGH-COURT-SINDH

Sindh · 2010

MUHAMMAD ASGHAR VS ABDUL REHMAN 1987 MLD 888, 1993 MLD 219, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , Ss. 15(2)(iii)(c) & 15(2)(iv)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Impairing material value or utility of premises by making additions and alterations---Landlord sought ejectment of ten

2010 MLD 503 KARACHI-HIGH-COURT-SINDH

Sindh · 2010

Mrs. MEHMOODA AFTAB VS MARGHOOB HUSSAIN 1995 SCMR 626, PLD 1987 Kar. 401, PLD 1990 Kar. 286, PLD 2000 Quetta 26, PLD 2007 Lah. 231, Constitution of Pakistan 1973--13 , Constitution of Pakistan 1973--199 , Contempt of Court Act 1976--3 , Criminal Procedure Code (Cr.P.C) 1898--403 , General Clauses Act 1897--26 , Illegal Dispossession Act 2005--3 , Illegal Dispossession Act 2005--4 , Sindh Ren

2010 MLD 302 KARACHI-HIGH-COURT-SINDH

Sindh · 2010

Syed CHAN PEER SHAH VS MUHAMMAD SHAFI 1987 CLC 775, 1990 MLD 1221, 1991 SCMR 215, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Eviction of tenant--TERM , Sindh Rented Premises Ordinance 1979--13 , S.13---Constitution of Pakistan (1973), Art.199---Constitutional petition---eviction of tenant---Default in payment of rent---Sale consideration---Plea of---Effect---Land

2010 MLD 222 KARACHI-HIGH-COURT-SINDH

Sindh · 2010

MUHAMMAD ASLAM PERVAIZ VS AL-MUSTAFA WELFARE SOCIETY 1981 SCMR 179, 1983 SCMR 1205, 2001 SCMR 1888, PLD 1993 Karachi 642, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , General Clauses Act 1897--27 , Proof--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--18 , Ss. 15(2)(ii) & 18---General Clauses Act

2010 CLC 878 KARACHI-HIGH-COURT-SINDH

Sindh · 2010

SHAHEEN FREIGHTS SERVICES through Proprietor VS EBRAHIM TRUST through Managing Trustee Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--3 , Ss. 3(2) & 15---Government of Sindh Notification No. VIII(3) SOJ/75, dated 15-3-1981---Ejectment petition filed in year 2006---Default in payment of rent, ground of---Premises built on land leased out to applicant-landlo

2010 CLC 637 KARACHI-HIGH-COURT-SINDH

Sindh · 2010

Syed SHARIF HUSSAIN SHAH VS Mst. SAMINA TAUSIF 1990 MLD 1009, 1992 CLC 2307, PLD 2001 Kar. 238, Bona fide personal need of landlord--Term , Sindh Rented Premises Ordinance 1979--15 , S. 15(2)(vii)---Bona fide personal need of landlord---Bona fide personal need of landlady in respect of premises sought to be ejected by her, was resisted on the ground by the tenant that landlady along with

2010 CLC 561 KARACHI-HIGH-COURT-SINDH

Sindh · 2010

HAMEED VS JITENDRA 1992 SCMR 1170, 1997 SCMR 567, 2002 SCMR 429, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--18 , Ss. 15 & 18---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant---Default in payment of monthly rent---R

2010 CLC 447 KARACHI-HIGH-COURT-SINDH

Sindh · 2010

NELOFAR SOOMAR VS Mst. SHAHIDA 1985 CLC 2644, 1986 CLC 448, 1986 MLD 1421, 1990 SCMR 1070, 1995 SCMR 584, 1997 MLD 2137, 1997 SCMR 1062, 2004 SCMR 862, Cantonments Rent Restriction Act 1963--17 , Ejectment of Tenant--TERM , S. 17(4)(b)---Ejectment of tenant---Bona fide personal need of landlord---Non-disclosure of business---Landlady had two shops in different localities of the city and s

2010 CLC 354 KARACHI-HIGH-COURT-SINDH

Sindh · 2010

ZULFIQAR AHMED KHAN VS STATION COMMANDER, STATION HEADQUARTERS, KARACHI 1987 CLC 591, 2009 CLD 960, PLD 1966 SC 1, PLD 1987 SC 107, Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--3 , Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--10 , Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--

2010 CLC 308 KARACHI-HIGH-COURT-SINDH

Sindh · 2010

YOUSUF AZIZ VS ASIM SALEEM 2005 CLC 564, PLD 1981 Kar. 170, PLD 1996 SC 724, PLD 2006 Lah. 684, Cantonments Rent Restriction Act 1963--17 , Ejectment of Tenant--TERM , S. 17---Ejectment of tenant---Bona fide personal need of landlord---Choice of landlord---Scope---Landlord claimed that demised premises was required by him for his own use and tenant had committed default in payment of mont

2010 CLC 292 KARACHI-HIGH-COURT-SINDH

Sindh · 2010

Mst. MIR BAHAR VS SAUDABAD COLONY TRUST through Deputy Commissioner Qanun-e-Shahadat Order 1984--72 , Specific Relief Act 1877--12 , S. 12---Qanun-e-Shahadat (10 of 1984), Art.72---Specific performance of agreement to sell---Transfer letter---Proof---Failure to produce transfer letter---Contention of plaintiff was that suit plot was transferred in his favour by Welfare Officer of the Trust

2010 YLR 1521 ISLAMABAD

ICT · 2010

ZULFIQAR AHMAD VS NISAR BAIG, ADDITIONAL DISTRICT JUDGE, ISLAMABAD 2000 CLC 387, 2003 SCMR 1398, 2004 SCMR 1453, 2008 YLR 2939, PLD 2002 SC 753, Ejectment petition--term , Islamabad Rent Restriction Ordinance 2001--17 , Proof--TERM , S.17---Ejectment petition---Grounds of bona fide personal need of landlord and expiry of lease agreement---Proof---Landlord during his deposition did not giv

2010 YLR 1490 ISLAMABAD

ICT · 2010

ZAFAR MEHMOOD VS KHAN AYAZ KHAN 1983 CLC 237, 1986 SCMR 637, 1987 CLC 1407, 1993 MLD 1217, 2005 CLC 1119, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Islamabad Rent Restriction Ordinance 2001--17 , S.17---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant on grounds of bona fide personal need, reconstruction and expiry of leas

2009 SCMR 893 SUPREME-COURT

Supreme Court · 2009

MUHAMMAD SHAFI VS STATE LIFE INSURANCE CORPORATION Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--PREAMBLE , Preamble & S.15---Interpretation and object of Sindh Rented Premises Ordinance, 1979----As long as the tenant continued to remain in possession and undertook to perform his obligations under the lease, no interest of the landlord would be affected a

2009 SCMR 857 SUPREME-COURT

Supreme Court · 2009

MAHMOOD HUSSAIN LARIK VS MUSLIM COMMERCIAL BANK LIMITED Constitution of Pakistan 1973--185 , Maintainability--TERM , Art. 185(2)(d)(e) & (3)---Appeal to Supreme Court---Maintainability---No value could be given to the subject-matter of the appeals involving labour disputes, service cases, cases arising from the rent jurisdiction or family disputes where the main prayer was of restoration i

2009 SCMR 846 SUPREME-COURT

Supreme Court · 2009

QAISER JAVED MALIK VS PERVAIZ HAMEED Islamabad Rent Restriction Ordinance 2001--17 , Islamabad Rent Restriction Ordinance 2001--6 , Maintainability--TERM , Ss. 6 & 17---Ejectment petition on ground of expiry of term fixed in lease agreement and personal need of premises by landlord---Maintainability---Words "subject to provisions of section 17" as used in S.6 of Islamabad Rent Restriction

2009 SCMR 784 SUPREME-COURT

Supreme Court · 2009

MUHAMMAD NASEER VS SAJID HUSSAIN PLD 1969 Kar. 176, Cantonments Rent Restriction Act 1963--17 , Constitution of Pakistan 1973--185 , Ejectment of Tenant--TERM , S. 17(8)---Constitution of Pakistan (1973), Art. 185 (3)---Ejectment of tenant---Default in deposit of arrears of rent---Interpretation of order---eviction order was passed by Rent Controller on the ground that tenant failed to de

2009 SCMR 45 SUPREME-COURT

Supreme Court · 2009

Syed ABDUL GHAFOOR SHAH VS Syed LUQMAN Constitution of Pakistan 1973--185 , Ejectment of Tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Constitution of Pakistan (1973), Art.185(3)---Ejectment of tenant---Default and bona fide personal need of landlord---Description of property---Concurrent findings of fact by the Courts below---Ejectment of tenant from sho

2009 CLC 1241 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2009

WALI MUHAMMAD VS Haji NASARUDDIN 1980 SCMR 764, 2003 YLR 1084, Ejectment of Tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--15 , S. 15---Ejectment of tenant---Waiver of claim---Effect---Premises were leased out twenty years back and the possession of the same was handed over after few months of the creation of tenancy---Contention of the landlord was that about two yea

2009 MLD 564 PESHAWAR-HIGH-COURT

KPK · 2009

Dr. ABDUL WAHEED VS JAFFAR ALI 2004 MLD 1661, 2004 SCMR 1568, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13(8) & 15---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment application---Tentative rent order---Striking of

2009 PLD 429 LAHORE-HIGH-COURT-LAHORE

Punjab · 2009

WATEEN TELECOM (PVT.) LTD., through Attorney VS Malik ABDUL AHAD Civil Procedure Code --Order I of C.P.C. Parties to Suits--10 , Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Punjab Rented Premises Ordinance 2007--15 , S. 15---Civil Procedure Code (V of 1908), O. I, R.10---Constitution of Pakistan (1973), Art.199---Constitutional petition-

2009 YLR 2224 LAHORE-HIGH-COURT-LAHORE

Punjab · 2009

JAMAT ALI VS MUHAMMAD AFZAL 1990 SCMR 1070, 1991 MLD 1236, 1996 SCMR 1178, 2004 MLD 724, 2008 SCMR 398, Proof--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--15 , S. 15(6)-Second appeal---Concurrent findings of Courts below---Bona fide personal need of landlord---Proof---Ejectment order passed by Rent Controller against tenant was maintained by Lower Appellate Court---Plea ra

2009 YLR 989 LAHORE-HIGH-COURT-LAHORE

Punjab · 2009

ABDUL MAJEED VS MUHAMMAD YAQOOB 1991 CLC 2018, 1995 SCMR 1811, 2001 YLR 3106, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss.13(3)(ii) & 15---Ejectment of tenant on ground of personal need of landlord---Shop in question, in fact, was owned by wife and daughter of the landlord who had rented out the same to the tenant-

2009 YLR 780 LAHORE-HIGH-COURT-LAHORE

Punjab · 2009

Ch. MAHMOOD UL HASSAN VS DISTRICT JUDGE, CHAKWAL S.15---Civil Procedure Code (V of 1908), S.144---Constitution of Pakistan (1973), Art.199---Constitutional petition---Restitution of possession---Provisions of S. 144, C. P. C. ---Applicability ---Appellate Court, in appeal filed by tenant, suspended operation of eviction order passed by Rent Controller but landlord forcibly took over the pos

2009 CLC 1334 LAHORE-HIGH-COURT-LAHORE

Punjab · 2009

FAZALUR REHMAN VS MUHAMMAD MUBASHIR Punjab Rented Premises Ordinance 2007--22 , S. 22(2)(6)---Leave to contest---Tenant failing to file application for leave to contest within stipulated time of ten days---Contention of the tenant, in application for condonation was that on account of the reasons given in the application for condonation sought on the equitable grounds as argued in the cour

2009 MLD 1175 LAHORE-HIGH-COURT-LAHORE

Punjab · 2009

MUHAMMAD SHAFQAT VS NAVEED-UZ-ZAFAR Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Ejectment application--Term , Evacuee Property and Displaced Persons Laws (Repeal) Act 1975--1 , S.30---Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S.1(2)-Ejectment application---Protection from eviction under S.30, Displaced Persons (Compensation and Rehabilit

2009 MLD 507 LAHORE-HIGH-COURT-LAHORE

Punjab · 2009

IMTIAZ AHMED CHATTA VS SALAH-UD-DIN SIDDIQUI, ADDITIONAL DISTRICT JUDGE, FAISALABAD 1984 SCMR 1225, 1986 CLC 2342, 1988 SCMR 322, 1991 SCMR 970, 1995 SCMR 362, 2002 YLR 3196, 2006 MLD 12, PLD 1991 SC 65, PLD 2001 SC 518, Code of Civil Procedure 1908--12 , Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Maintainability--TERM , West Pakistan Urban Rent Restriction Ordinanc

2009 CLC 406 LAHORE-HIGH-COURT-LAHORE

Punjab · 2009

DAEWOO PAKISTAN MOTORWAY SERVICES LIMITED through Chief Executive VS SUN SHINE SERVICE (REGD) through Chief Executive Officer 1974 SCMR 519, 1986 CLC 303, 1988 CLC 1261, 2000 CLC 1722, PLD 1971 Kar. 35, PLD 2008 SC 146, Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--1 , Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interl

2009 CLC 279 LAHORE-HIGH-COURT-LAHORE

Punjab · 2009

Mian MUHAMMAD LATEEF VS Mst. NASIMA WARSI 1972 SCMR 437, 1982 CLC 1737, 1990 SCMR 1070, 1994 CLC 84, 1995 SCMR 1125, 1998 SCMR 2119, 2002 CLC 1523, 2006 SCMR 152, 2006 YLR 2723, PLD 1977 SC 442, PLD 1995 Lah. 469, PLD 2001 Quetta 40, Bona fide personal need of landlord--Term , Cantonments Rent Restriction Act 1963--17 , Ejectment of Tenant--TERM , Proof--TERM , S. 17---Ejectment of tenant

2009 CLC 114 LAHORE-HIGH-COURT-LAHORE

Punjab · 2009

AMJAD MEHMOOD KHOKHAR VS FARASAT HUSSAIN 1984 SCMR 1065, 1984 SCMR 741, 1986 CLC 591, 1990 CLC 908, 2004 CLC 862, 2005 YLR 2784, PLD 1978 Kar. 182, Agreement to Sell--TERM , Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Determination--TERM , Ejectment of Tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(6)---Constitution of Pakistan (197

2009 PLD 356 KARACHI-HIGH-COURT-SINDH

Sindh · 2009

TANVEER SIDDIQUI VS MUHAMMAD RASHID 2008 SCMR 635, Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--24 , Ss. 17 & 24---Ex parte eviction order---Written statement, non-filing of---Rent Controller took six months to come to final stage for closing the side as tenants failed to file written statement and Rent Controller passing eviction order against tenant

2009 YLR 1881 KARACHI-HIGH-COURT-SINDH

Sindh · 2009

MUHAMMAD IDREES QURESHI VS MUHAMMAD KASHIF KHAN 1993 SCMR 356, 2005 CLC 3, 2007 CLC 462, 2007 SCMR 1602, PLD 1989 SC 503, PLD 1991 SC 265, PLD 1996 Karachi 440, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--10 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 , Ss. 2(F) (J), 10 & 15(2) (ii) (ii

2009 YLR 1083 KARACHI-HIGH-COURT-SINDH

Sindh · 2009

MEHMOOD LAKHANI VS Syeda ZUBAIDA KHATOON 1984 CLC 2769, 1986 CLC 2917, 1988 CLC 811, 1989 CLC 1113, 1989 SCMR 1366, 1990 SCMR 1070, 1994 CLC 286, 2000 CLC 274, 2000 CLC 376, 2002 SCMR 789, 2004 CLC 189, 2005 CLC 3, 2008 SCMR 398, PLD 2008 Kar. 361, Cantonments Rent Restriction Act 1963--17 , Ejectment of Tenant--TERM , S.17---Ejectment of tenant---Bona fide personal need of landlady---Def

2009 YLR 945 KARACHI-HIGH-COURT-SINDH

Sindh · 2009

PAK JUNAID FLOUR MILLS (PVT.) LTD. VS DARA FEROZ MIRZA S.17---Civil Procedure Code (V of 1908), S.12 (2) & O.IX, R.13---Ex parte decree, setting aside of----Service of process to tenant---Proof---Non-registration of tenancy agreement---Effect---Approbation and reprobation---Rent Controller had made all the required efforts towards service of process to tenant and notices were not only issue

2009 YLR 466 KARACHI-HIGH-COURT-SINDH

Sindh · 2009

MUHAMMAD ASLAM VS BOARD OF REVENUE, SETTLEMENT AND REHABILITATION SINDH, KARACHI 1973 SCMR 441, 1991 CLC 481, 1998 SCMR 948, 2003 SCMR 870, PLD 1988 SC 734, PLD 1989 Kar. 94, PLD 2001 SC 499, Civil Procedure Code --Order VII of C.P.C. Plaint--11 , Contract Act 1872--211 , Specific Relief Act 1877--42 , S.42---Contract Act (IX of 1872), S.211---Civil Procedure Code (V of 1908), O. VII, R.1

2009 YLR 289 KARACHI-HIGH-COURT-SINDH

Sindh · 2009

MUHAMMAD MOHSIN MALIK VS Mst. QAMAR JEHAN Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Proof--TERM , Sindh Rented Premises Ordinance 1979--15 , S.15---Constitution of Pakistan (1973), Art:199---Constitutional petition--Ejectment of tenant---Bond fide personal need of landlady for her children---Proof---Failure to produce children as witne

2009 PCrLJ 1359 KARACHI-HIGH-COURT-SINDH

Sindh · 2009

EDWARD HENRY LOUIS VS Dr. MUTAMMAD SAFDAR Criminal Procedure Code (Cr.P.C) 1898--435 , Illegal Dispossession Act 2005--3 , Illegal Dispossession Act 2005--4 , Illegal Dispossession Act 2005--7 , Illegal Dispossession Act 2005--PREAMBLE , Preamble, Ss.3, 4 & 7---Criminal Procedure Code (V of 1898), S.435---Illegal dispossession---Delivery of possession to owner of property---Interim relief-

2009 PCrLJ 491 KARACHI-HIGH-COURT-SINDH

Sindh · 2009

MUHAMMAD RIAZ AHMED KHAN VS IMRAN ABDULLAH PLD 2007 Lah. 231, PLD 2007 SC 423, PLD 2008 Kar. 369, PLD 2008 Kar. 400, PLD 2008 Kar. 518, Illegal Dispossession Act 2005--3 , Illegal Dispossession Act 2005--8 , Ss. 3 & 8---Respondent tenant, after having been lawfully ejected from the shop of the petitioners, had again taken over the possession of the shop illegally by breaking open its lock

2009 CLC 1232 KARACHI-HIGH-COURT-SINDH

Sindh · 2009

KHALIL AHMAD ALLAHWALA VS Mst. ZAINAB 1986 MLD 985, 1994 SCMR 1507, 2001 MLD 648, PLD 1974 SC 351, PLD 1982 SC 79, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Determination--TERM , Ejectment of Tenant--TERM , Proof--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant---N

2009 MLD 1033 KARACHI-HIGH-COURT-SINDH

Sindh · 2009

Mrs. FATIMA VS ORIENT TRAVELS (PVT.) LTD. Through Chief Executive Tenant 1992 SCMR 2400, 1994 SCMR 1900, 1999 SCMR 28, PLD 1999 Kar. 54, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Proof--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 , Ss. 2(1) & 15---Constitution of Pakistan (1973), Art.199--

2009 MLD 935 KARACHI-HIGH-COURT-SINDH

Sindh · 2009

Syed MAZHAR IMAM RIZVI VS Mst. YASMIN BANO 1981 SCMR 527, 1993 CLC 1074, 1993 MLD 224, 1993 SCMR 1685, 1994 SCMR 1485, 1995 MLD 1460, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Maintainability--TERM , Sindh Rented Premises Ordinance 1979--15 , S.15---Constitution of Pakistan (1973), Art.199---Constitutional petition---Maintainability--

2009 MLD 246 KARACHI-HIGH-COURT-SINDH

Sindh · 2009

Mst. HUSSAINA BAI VS Mst. SHIREEN BAI 2003 MLD 480, PLD 1981 SC 246, PLD 2001 SC 415, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , S.15---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Ejectment of tenant---Wilful default in payment of monthly rent---Change in structure---

2009 CLC 272 KARACHI-HIGH-COURT-SINDH

Sindh · 2009

GHULAM HUSSAIN VS COURT OF VTH ADDITIONAL DISTRICT JUDGE, KARACHI SOUTH 1987 MLD 616, 1989 MLD 2882, 1994 MLD 955, 1994 MLD 958, 1997 MLD 1030, 2006 MLD 1135, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan (1973), Art.199--Constitutional petition---Ejectment of ten

2009 CLC 272 KARACHI-HIGH-COURT-SINDH

Sindh · 2009

GHULAM HUSSAIN VS COURT OF VTH ADDITIONAL DISTRICT JUDGE, KARACHI SOUTH 1983 SCMR 37, 1985 SCMR 1972, 1987 MLD 616, 1988 CLC 811, 1989 MLD 2882, 1990 SCMR 1070, 1993 CLC 175, 1993 SCMR 200, 1994 MLD 955, 1994 MLD 958, 1997 MLD 1030, 2000 CLC 1982, 2001 CLC 690, 2006 MLD 1135, PLD 1981 SC 246, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Pro

2009 CLC 215 KARACHI-HIGH-COURT-SINDH

Sindh · 2009

MUHAMMAD SALEEM VS Mrs. SANJIDA KIDWAI 1987 MLD 616, 1988 CLC 811, 1993 CLC 175, 1994 MLD 958, 1995 CLC 702, 1999 MLD 2070, 2004 SCMR 1903, Cantonments Rent Restriction Act 1963--17 , Ejectment of Tenant--TERM , S. 17---Ejectment of tenant---Bona fide personal need of landlady---Choice of premises-Principles---Rent Controller allowed ejectment application filed by landlady and passed evic

2009 CLC 177 KARACHI-HIGH-COURT-SINDH

Sindh · 2009

MUHAMMAD YAKOOB VS Mst. ZAIBUNNISA 1985 SCMR 893, PLD 1997 SC 397, Condonation of delay--TERM , Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Limitation Act 1908--5 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--16 , Ss. 15 & 16(2)---Limitation Act (IX of 1908), S.5---Constitution of Pakistan (1973), Ar

2009 CLC 52 ISLAMABAD

ICT · 2009

SHAMSHAD ALI VS GHULAM MUHAMMAD CHAUDHRY 1990 SCMR 557, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Islamabad Rent Restriction Ordinance 2001--17 , S. 17(8) & (9)---Constitution of Pakistan (1973), Art.199--Constitutional petition---Ejectment of tenant---Defence, striking off---Concurrent findings of fact by the Courts below---Tenant ha

2008 SCMR 568 SUPREME-COURT

Supreme Court · 2008

SAEED PERVAIZ VS Syed MASOOD HASSAN Civil Procedure Code --Order XVII of C.P.C. Adjournments--3 , Constitution of Pakistan 1973--185 , Ejectment of Tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Civil Procedure Code (V of 1908), O.XVII, R.3---Constitution of Pakistan (1973), Art.185(3)---Ejectment of tenant---Striking off defence---Failure to produce evide

2008 SCMR 28 SUPREME-COURT

Supreme Court · 2008

JAVED KHALIQUE VS MUHAMMAD IRFAN PLD 2000 SC 67, Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , S. 15(2)(vii)---Constitution of Pakistan (1973), Art.185(3)-eviction application---Bona fide personal need of landlord, ground of---Enhancement of rent by landlord from time to time---Effect---Such enhancement would not disentitle landlord to seek eviction of te

2008 SCMR 28 SUPREME-COURT

Supreme Court · 2008

JAVED KHALIQUE VS MUHAMMAD IRFAN Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , S. 15(2)(vii)---Constitution of Pakistan (1973), Art.185(3)-eviction application---Bona fide personal need of landlord---Proof---Normally, landlord must be allowed benefit of use of his premises, unless any circumstance was brought on record indicating his requirement to be mala

2008 SCMR 28 SUPREME-COURT

Supreme Court · 2008

JAVED KHALIQUE VS MUHAMMAD IRFAN Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , S. 15(2)(vii)---Constitution of Pakistan (1973), Art.185(3)-eviction application---Bona fide personal need of landlord, ground of---Concurrent findings of fact in favour of landlord rendered by Rent Controller and High Court after proper appraisal of evidence on record and law--

2008 SCMR 28 SUPREME-COURT

Supreme Court · 2008

JAVED KHALIQUE VS MUHAMMAD IRFAN Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan (1973), Art.185(3)-eviction application---Suppression of material facts by landlord in eviction application and evidence---Effect---Landlord would become disentitled to claimed relief.

2008 SCMR 1457 SUPREME-COURT

Supreme Court · 2008

ARSHAD ALI VS Mst. ZUBAIDAH BIBI Constitution of Pakistan 1973--185 , Ejectment of Tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Constitution of Pakistan (1973), Art.185(3)---Ejectment of tenant---Fixed period of tenancy---Bona fide personal need of landlord--Concurrent findings of facts by the Courts below---Landlord after expiry of period of tenancy, fi

2008 SCMR 1395 SUPREME-COURT

Supreme Court · 2008

NOORANI TRAVELS, KARACHI VS MUHAMMAD HANIF 1968 SCMR 735, 1986 CLC 1378, 1987 SCMR 565, Sindh Rented Premises Ordinance 1979--13 , S. 13---Unauthorised sub-tenant can be evicted along with the tenant against whom the eviction order is passed by Rent Controller and he is not a necessary party to the proceedings, being unauthorisedly in occupation of the premises---In order to become a part

2008 PLD 27 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2008

ALIA HUSSAIN VS Syed ZIAUDDIN 1996 SCMR 877, Illegal Dispossession Act 2005--7 , S. 7---Complaint under S.7, Illegal Dispossession Act, 2005--Contentions of the petitioner (owner) were that she was a widow and a house wife; that after the death of her husband, she had gone to another city along with her minor children and had closed the house; that respondent had forcibly opened the door

2008 PLD 414 LAHORE-HIGH-COURT-LAHORE

Punjab · 2008

MUHAMMAD, BASHARAT VS Mrs. UZMA BHATTI Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--3 , Ejectment of Tenant--TERM , S. 17(4)(b)(iii), proviso 3---Ejectment of tenant---Bona fide personal need of landlady---Landlady sought eviction of tenant from non-residential building on the ground of bona fide personal need---Rent Controller accepted the application

2008 YLR 1427 LAHORE-HIGH-COURT-LAHORE

Punjab · 2008

MUHAMMAD KHAN alias MAMMAN VS State Appreciation of Evidence--TERM , Pakistan Penal Code 1860--302 , S.302(b)---Appreciation of evidence---Despite the occurrence having taken place during the night, identification of accused by the complainant and other eye-witnesses was conveniently possible, as he had been living at the "Dera" of the complainant for the last four years---Complainant had

2008 PLD 193 LAHORE-HIGH-COURT-LAHORE

Punjab · 2008

FIRST CAPITAL EQUITIES LIMITED VS Mrs. ISHRAT SALEEM Ejectment of Tenant--TERM , Proof--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13 & 15---Ejectment of tenant---Default in payment of monthly rent---Proof---eviction order was passed by Appellate Court on the ground that before depositing rent in court, ten

2008 CLC 1724 LAHORE-HIGH-COURT-LAHORE

Punjab · 2008

Sheikh MUHAMMAD FEROZE VS Sheikh ALLAH LOK 1983 CLC 2511, 1985 CLC 3014, 1986 MLD 1803, 1996 SCMR 1233, 2006 SCMR 152, 2006 SCMR 50, PLD 1983 Lah. 425, PLD 1985 SC 242, Bona fide personal need of landlord--Term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13 & 15---Second appeal---Bona fide personal need of landl

2008 MLD 877 LAHORE-HIGH-COURT-LAHORE

Punjab · 2008

Raja SHAMSHER MEHDI VS Malik MUHAMMAD RIAZ 1974 SCMR 75, 2004 YLR 985, 2005 SCMR 1664, PLD 1988 Kar. 429, Code of Civil Procedure 1908--148 , Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Extension of time--TERM , Specific Relief Act 1877--12 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S.13---Specific Relief Act (I of 1877), S.12 Civil Procedure Code

2008 CLC 650 LAHORE-HIGH-COURT-LAHORE

Punjab · 2008

Mst. HUMERA SAJID VS MUQARRAB KHAN PUNI 1996 SCMR 669, 1999 MLD 3360, 2003 SCMR 83, 2003 YLR 998, PLD 1988 SC 163, Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--10 , Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--16 , Ejectment of Tenant--TERM , Locus Standi--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakis

2008 MLD 204 LAHORE-HIGH-COURT-LAHORE

Punjab · 2008

AKBAR VS Chaudhry NAZIR AHMAD 1994 SCMR 2189, 2002 SCMR 1089, Qanun-e-Shahadat Order 1984--118 , Qanun-e-Shahadat Order 1984--119 , Qanun-e-Shahadat Order 1984--17 , Qanun-e-Shahadat Order 1984--79 , Specific Relief Act 1877--12 , Transfer of Property Act 1882--41 , S. 12---Transfer of Property Act (IV of 1882), S.41---Qanun-e-Shahadat (10 of 1984), Arts. 17(2)(a), 79, 118 & 119---Suit fo

2008 PLD 424 KARACHI-HIGH-COURT-SINDH

Sindh · 2008

Miss SHAISTA SHAMS VS Mst. SEEMA BEGUM 1990 CLC 1003, 2000 SCMR 556, 2002 CLC 1, PLD 1999 SC 1101, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , S.15---Constitution of Pakistan (1973), Art, 199---Constitutional petition---Ejectment of tenant---Relationship of landlord and tenant---Agreement of se

2008 CLD 1239 KARACHI-HIGH-COURT-SINDH

Sindh · 2008

HABIB BANK LIMITED VS SUHAIL YOUSUF Code of Civil Procedure 1908--PREAMBLE , Financial Institutions (Recovery of Finances) Ordinance 2001--19 , Maintainability--TERM , S.19(1) & (7)---Civil Procedure code (V of 1908), O.XXI---Objection application---Maintainability---Separate execution proceedings-Applicant sought exclusion of property in question from schedule of decree on the ground that

2008 YLR 2265 KARACHI-HIGH-COURT-SINDH

Sindh · 2008

ANWAR AHMAD VS JALALUDDIN Bona fide personal need of landlord--Term , Cantonments Rent Restriction Act 1963--17 , Eviction of tenant--TERM , S.17---eviction of tenant---Bona fide personal need of landlord---Validity---Years old concept that "once a tenant is always a tenant" has vanished---Landlord has a right to use his property during his lifetime.

2008 CLC 1499 KARACHI-HIGH-COURT-SINDH

Sindh · 2008

AZEEMUDDIN VS Mst. ATTIQA BEGUM Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--10 , Sindh Rented Premises Ordinance 1979--15 , Ss. 10 & 15---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant---Default in payment of monthly rent---Avoidance to receive rent---Deposit

2008 CLC 877 KARACHI-HIGH-COURT-SINDH

Sindh · 2008

TARIQ OMER VS JAVED HUSSAIN 1991 SCMR 846, 2002 SCMR 241, 2005 SCMR 1200, PLD 1991 SC 165, PLD 1994 Lah. 252, Bona fide personal need of landlord--Term , Cantonments Rent Restriction Act 1963--17 , Ejectment of Tenant--TERM , Proof--TERM , S. 17--Ejectment of tenant---Bona fide personal need of landlord---Default in payment of monthly rent---Proof---Non-payment of rent through money order

2008 CLC 869 KARACHI-HIGH-COURT-SINDH

Sindh · 2008

RIZWAN VS MUHAMMAD RAFIQ 1973 SCMR 185, 1986 CLC 395, 1995 CLC 452, 1996 CLC 1016, 1996 SCMR 1178, PLD 1991 SC 165, PLD 1994 Lah. 252, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant---Proving of one pl

2008 CLC 446 KARACHI-HIGH-COURT-SINDH

Sindh · 2008

MUHAMMAD QASIM VS VITH ADDITIONAL DISTRICT AND SESSIONS JUDGE, KARACHI CENTRAL Proof--TERM , S. 15(2)(ii)---Bona fide personal need of landlord---Landlord's plea in ejectment petition and affidavit-in-evidence was that he was running business in a rented shop; that disputed shop was suitable for his business---Proof---Tenant while cross-examining landlord did not controvert his such plea--

2008 CLC 446 KARACHI-HIGH-COURT-SINDH

Sindh · 2008

MUHAMMAD QASIM VS VITH ADDITIONAL DISTRICT AND SESSIONS JUDGE, KARACHI CENTRAL Sindh Rented Premises Ordinance 1979--15 , S. 15(2)(ii)---Bona fide personal need of landlord---Landlord's plea in ejectment petition and affidavit-in-evidence was that he was running business in a rented shop; that disputed shop was suitable for his business---Proof---Tenant while cross-examining landlord did n

2008 CLC 348 KARACHI-HIGH-COURT-SINDH

Sindh · 2008

Malik MUHAMMAD JAWAID VS PROVINCE OF SINDH Easements Act 1882--52 , Easements Act 1882--54 , Easements Act 1882--63 , Specific Relief Act 1877--12 , Ss. 12 & 21---Easements Act (V of 1882), Ss.52, 63 & 54---Suit by licensee for specific performance of license---Scope---Licence to do something in or upon immovable property was revocable subject to a reasonable notice in terms of S.63 of Eas

2008 CLC 87 KARACHI-HIGH-COURT-SINDH

Sindh · 2008

SHAHID MEHBOOB VS MUHAMMAD ISMAIL 1980 CLC 1442, 1984 CLC 71, 1984 SCMR 741, 1988 CLC 402, 1996 SCMR 877, 2000 CLC 184, 2000 YLR 2392, 2001 CLC 1029, PLD 1990 SC 382, PLD 1991 SC 242, PLD 1999 SC 1101, Cantonments Rent Restriction Act 1963--17 , Ejectment of Tenant--TERM , Specific Relief Act 1877--12 , S. 17---Specific Relief Act (I of 1877), S.12---Ejectment of tenant---Specific perform

2007 PLD 45 SUPREME-COURT

Supreme Court · 2007

SHAJAR ISLAM VS MUHAMMAD SIDDIQUE Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , --Ss.2(c) & 13---Constitution of Pakistan (1973), Art.199---Landlord---Determination of---Presumption---Creation of tenancy---Principles---Constitutional jurisdiction of High Court---Scope---Concurrent find

2007 PLD 44 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2007

PANDOK VS KHODA IQBAL 1988 CLC 2388, 1990 SCMR 441, 1990 SCMR 694, PLD 1968 SC 140, PLD 1969 SC 136, PLD 1983 Quetta 52, Balochistan Vagrancy (Amendment) Ordinance 2001--1 , Balochistan Vagrancy (Amendment) Ordinance 2001--PREAMBLE , Code of Civil Procedure 1908--115 , Specific Relief Act 1877--42 , Specific Relief Act 1877--54 , ---Ss. 63 & 64---Specific Relief Act (I of 1877), Ss.42 & 5

2007 YLR 2105 PESHAWAR-HIGH-COURT

KPK · 2007

Haji ALI ZAMAN VS ABDUL KHALIQ PLD 1992 SC 401, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S. 13---Constitution of Pakistan (1973), Art.199---Constitutional petition---Rent Controller, on .allowing the ejectment petition ordered the eviction of tenant---Appeal---Once the relationship of landlord and te

2007 PLD 123 LAHORE-HIGH-COURT-LAHORE

Punjab · 2007

YAFAS VS State Illegal Dispossession Act 2005--5 , Illegal Dispossession Act 2005--PREAMBLE , --Preamble & S.5---Object and applicability of Illegal Dispossession Act, 2005---Illegal Dispossession Act, 2005, was promulgated to curb the increasing tendency of the use of force in dispossessing the owners from their valuable properties, however, a nice distinction could be made between Illega

2007 PLD 588 LAHORE-HIGH-COURT-LAHORE

Punjab · 2007

BATA PAKISTAN LIMITED through Company Secretary and General Attorney VS MUHAMMAD ANWAR 1999 SCMR 348, 2004 SCMR 126, West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S. 13---Eejctment of tenant---Bona fide personal need of one of the landlords---Premises was jointly owned by more than one person---One of the owners tiled ejectment application on the ground of bona fide person

2007 YLR 2314 LAHORE-HIGH-COURT-LAHORE

Punjab · 2007

PUNJAB PROVINCE through Secretary to the Government of the Punjab, Food Department VS Sheikh ZIA-UD-DIN Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Displaced Persons (Compensation and Rehabilitation) Act 1958--4 , Evacuee Property--TERM , Specific Relief Act 1877--42 , Suit for declaration--Term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 42---Disp

2007 PLD 283 LAHORE-HIGH-COURT-LAHORE

Punjab · 2007

ASHIQ HUSSAIN VS JAMIA MASJID HANFIA GHOUSIA through President West Pakistan Urban Rent Restriction Ordinance 1959--13 , --S. 13(6)---Ejectment petition---Landlord-tenant, relationship denied---Order passed under S.13(6) of the Ordinance, 1959---Effect---Framing of issues where tenancy was denied by tenant---Scope---Landlord/respondent filed ejectment petition against tenant/appellant qua

2007 MLD 756 LAHORE-HIGH-COURT-LAHORE

Punjab · 2007

PERVAIZ CLIVE VS ABDUL KARIM through Legal Representatives 1983 SCMR 13, 1991 SCMR 2063, PLD 1969 SC 617, PLD 1989 Lah. 333, Qanun-e-Shahadat Order 1984--15 , Specific Relief Act 1877--23 , Succession Act 1925--192 , Succession Act 1925--307 , ---Ss. 8---Qanun-e-Shahadat (10 of 1984), Preamble---Succession Act (XXXIX of 1925), Ss.307 & 192---Suit for recovery of immovable property---Groun

2007 YLR 2995 LAHORE-HIGH-COURT-LAHORE

Punjab · 2007

JAVED IQBAL VS DISTRICT EDUCATION OFFICER, CIRCLE LAHORE Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--1 , Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--2 , Specific Relief Act 1877--42 , Specific Relief Act 1877--54 , Transfer of Property Act 1882--116 , ---O.XXXIX, Rr. 1 & 2---Specific Relief Ac

2007 PLD 50 KARACHI-HIGH-COURT-SINDH

Sindh · 2007

Mrs. TAHIRA DILAWAR ALI KHAN through Attorney VS Mst. SYEDA KANEEZ SUGHRA 1980 SCMR 593, 1986 CLC 448, 1987 CLC 686, 1987 SCMR 2051, 1989 CLC 287, 1993 SCMR 356, 1995 CLC 1353, 1997 SCMR 1789, 1999 SCMR 1796, 2006 SCMR 1483, 2006 SCMR 152, Constitution of Pakistan 1973--199 , Registration Act 1908--49 , Sindh Rented Premises Ordinance 1979--15-A , Sindh Rented Premises Ordinance 1979--15 , T

2007 PCRLJ 1784 KARACHI-HIGH-COURT-SINDH

Sindh · 2007

MUHAMMAD RAMZAN alias JANI VS MUHAMMAD ASLAM Illegal Dispossession Act 2005--3 , Illegal Dispossession Act 2005--4 , Illegal Dispossession Act 2005--7 , ---Ss. 3, 4 & 7---Initiating civil and criminal proceedings simultaneously---Respondents allegedly having forcibly and illegally trespassed the land owned by applicant with a common intention to grab , the property, applicant filed civil s

2006 SCMR 1073 SUPREME-COURT

Supreme Court · 2006

QURBAN ALI VS COMMISSIONER West Pakistan Land Revenue Rules 1968--RULE , ---Rr. 67-A & 67-B---Forcible wrongful dispossession---Provisions of Rr.67-A & 67-B of West Pakistan Land Revenue Rules, 1968---Applicability---Factual controversy---Constitutional petition before High Court---Maintainability---Predecessor-in-interest of petitioners was wrongfully dispossessed from disputed land and R

2006 SCMR 1068 SUPREME-COURT

Supreme Court · 2006

BARKAT MASIH VS MANZOOR AHMAD 1983 SCMR 1064, Constitution of Pakistan 1973--185 , Specific Relief Act 1877--42 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S. 13---Specific Relief Act (I of 1877), S.42---Constitution of Pakistan (1973), Art.185(3)---Ejectment of tenant---Declaratory suit, pendency of---Recovery of possession---Procedure---Relationship of landlord and t

2006 SCMR 1032 SUPREME-COURT

Supreme Court · 2006

Ch. SHAHBAZ BABAR VS Mrs. REHMANA MIRZA West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13---Constitution of Pakistan (1973), Art.185(3)---Non-residential property---Landlady sought ejectment of tenant for bona fide need of her husband---Leave to appeal was granted to examine whether in view of deliberate omission of the word "husband" in S.13, West Pakistan Urban Rent Rest

2006 PLD 549 SUPREME-COURT

Supreme Court · 2006

AMIN and others VS Hafiz GHULAM MUHAMMAD Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13---Constitution of Pakistan (1973), Art.185 (3)---Ejectment of tenant---Wilful default in payment of monthly rent---Dispute over title---Land under shops in question was transferred to respondent in year 1960, who constructed superstructure and ind

2006 PLD 549 SUPREME-COURT

Supreme Court · 2006

AMIN and others VS Hafiz GHULAM MUHAMMAD 1976 SCMR 77, 1981 SCMR 139, 1982 SCMR 1120, 1986 SCMR 795, 1989 SCMR 913, 1992 SCMR 1352, 1995 SCMR 678, 1996 MLD 1543, 1996 MLD 948, PLD 1985 SC 1, PLD 1992 SC 401, Constitution of Pakistan 1973--185 , Qanun-e-Shahadat Order 1984--115 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13---Qanun-e-Shahadat (10 of 1984), Art.115---Co

2006 SCMR 145 SUPREME-COURT

Supreme Court · 2006

GHULAM MUSTAFA BUGHIO VS ADDITIONAL CONTROLLER OF RENTS, CLIFTON Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--24 , Cantonments Rent Restriction Act 1963--6-A , ----Ss. 6-A, 17 & 24---Ejectment of tenant was sought on the ground of bona fide personal need of the landlord---Tenant, on expiry of 11 months lease period, filed suit for permanent injunction

2006 SCMR 145 SUPREME-COURT

Supreme Court · 2006

GHULAM MUSTAFA BUGHIO VS ADDITIONAL CONTROLLER OF RENTS, CLIFTON Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--24 , Cantonments Rent Restriction Act 1963--6-A , Constitution of Pakistan 1973--185 , --Ss. 6-A, 17 & 24---Constitution of Pakistan (1973), Art.185(3)---Bona fide personal need of landlord---Tenant deliberately failed to comply with order dire

2006 SCMR 76 SUPREME-COURT

Supreme Court · 2006

ANWAR AHMAD VS Mst. FAIZA HASSAN Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , --S. 15---Constitution of Pakistan (1973), Art.185 (3)---Ejectment of tenant---Default in payment of monthly rent and sub-letting of premises---Ejectment application was dismissed by Rent Controller having not found any default in monthly rent and sub-letting of premises---Appel

2006 PLD 214 SUPREME-COURT

Supreme Court · 2006

Mst. MOBIN FATIMA VS MUHAMMAD YAMIN 1999 SCMR 1796, PLD 2001 SC 415, Constitution of Pakistan 1973--199 , Sindh Rented Premises Ordinance 1979--15 , --S. 15---Constitution of Pakistan (1973), Art. 199---Ejectment of tenant---Constitutional jurisdiction of High Court---Scope---Substitution of findings of fact---Rent Controller dismissed ejectment application but Appellate Court allowed the

2006 SCMR 1872 SUPREME-COURT

Supreme Court · 2006

MUHAMMAD ASIF KHAN VS SHEIKH ISRAR 1987 SCMR 1313, 1995 SCMR 204, 2001 SCMR 1140, Sindh Rented Premises Ordinance 1979--10 , Sindh Rented Premises Ordinance 1979--15 , ---Ss. 10 (3) & 15---Ejectment of tenant---Wilful default in payment of monthly rent---Deposit of rent in the office of Rent Controller---Principle---Tenant had been continuously tendering rent to landlord through money ord

2006 CLC 112 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2006

SIKANDAR KHAN VS Syed ABDUL HALEEM AGHA 1978 SCMR 437, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--14 , -Ss. 13 & 14---Ejectment of tenant---Subsequent eviction application---Principles of res judicata---Applicability ---Subsequent eviction application filed on fresh cause of action, on any ground including personal bona f

2006 CLC 112 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2006

SIKANDAR KHAN VS Syed ABDUL HALEEM AGHA West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13---Ejectment of tenant---Bona fide personal need of landlord---Proof---While bringing eviction application for personal requirement, landlord has to lead evidence regarding his personal requirement and to substantiate the same through independent evidence.

2006 CLC 112 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2006

SIKANDAR KHAN VS Syed ABDUL HALEEM AGHA West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , --Ss.13 & 15---Ejectment of tenant---Bona fide personal need of landlord for his son---New cause of action---Failure to produce son as witness---Effect---Landlord filed ejectment application on the ground of bona fide personal need of s

2006 PLD 329 LAHORE-HIGH-COURT-LAHORE

Punjab · 2006

IRFAN AHMAD KHAN VS FEDERATION OF PAKISTAN Constitution of Pakistan 1973--199 , Constitution of Pakistan 1973--4 , West Pakistan Government Lands and Buildings (Recovery of Possession) Ordinance 1966--5 , ----S. 5---Constitution of Pakistan (1973), Arts.4 & 199---Constitutional petition---Right of individuals to be dealt with in accordance with law---Petitioners, claiming to be the occupan

2006 CLC 1881 LAHORE-HIGH-COURT-LAHORE

Punjab · 2006

AFFAN KHALID VS ABDUL RAZZAQ 2001 SCMR 209, 2003 SCMR 1493, 2004 SCMR 400, Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---S. 15(6)---Constitution of Pakistan (1974), Art.199---Order of eviction of tenant from shop---Appellate Authority set aside such eviction order---Non-filing of second appeal by landlord and instead of filing constituti

2006 YLR 2274 LAHORE-HIGH-COURT-LAHORE

Punjab · 2006

Dr. IMTIAZ AHMED AULAKH VS Mian MUHAMMAD ARSHAD 1994 CLC 331, 2002 SCMR 1540, Cantonments Rent Restriction Act 1963--17 , ---S.17(8) (9)---Default in payment of rent--Striking off defence---Rent Controller had passed the order for depositing arrears of past rent and future rent---Tenant did not comply with the said order---Application for striking off defence of the tenant was filed--Tena

2006 YLR 2268 LAHORE-HIGH-COURT-LAHORE

Punjab · 2006

KHURSHID AHMAD VS ABDUL RASHID NIZAMI 1996 SCMR 877, PLD 1990 SC 382, PLD 1991 SC 242, PLD 1999 SC 1101, Constitution of Pakistan 1973--199 , Specific Relief Act 1877--12 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S.12---Constitution of Pakistan (1973), Art.199---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13---Constitutional petition---Agreement to

2006 YLR 2268 LAHORE-HIGH-COURT-LAHORE

Punjab · 2006

KHURSHID AHMAD VS ABDUL RASHID NIZAMI 1996 SCMR 877, PLD 1990 SC 382, PLD 1991 SC 242, PLD 1999 SC 1101, Civil Procedure Code --Order IX of C.P.C. Appearance of Parties and Consequence of Non-Appearance--6 , Constitution of Pakistan 1973--199 , Specific Relief Act 1877--12 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , --S. 13---Specific Relief Act (I of 1877), S.12---Civil P

2006 YLR 2046 LAHORE-HIGH-COURT-LAHORE

Punjab · 2006

M. H. MUSADDIQ VS MUHAMMAD ZAFAR Cantonments Rent Restriction Act 1963--17 , ---S. 17(8) & (9)---Wilful default---Striking off defence---Tenant was ordered to deposit arrears of rent within one week and monthly rent on the 5th of every month---Tenant was held as defaulter-No compelling or unavoidable circumstances were shown for the default and no error or jurisdiction was pointed out by t

2006 YLR 1438 LAHORE-HIGH-COURT-LAHORE

Punjab · 2006

PAKARAB FERTILIZERS (PVT.) LTD. VS EVACUEE TRUST PROPERTY BOARD through Chairman 1987 CLC 213, 1999 SCMR 138, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Evacuee Trust Properties (Management and Disposal) Act 1975--16 , Evacuee Trust Properties (Management and Disposal) Act 1975--8 , ----Ss. 8 & 16---Constitution of Pakistan (1973), Art.199---Constitutional petiti

2006 YLR 1366 LAHORE-HIGH-COURT-LAHORE

Punjab · 2006

ABDUL GHAFFAR VS MUHAMMAD RAFIQ West Pakistan Urban Rent Restriction Ordinance 1959--13 , --S.13---Ejectment of tenant---Execution proceedings---Restoration of possession---Respondent was dispossessed from the premises---In execution of eviction order---Respondent filed application for restoration of possession on the ground that no eviction order was passed against him---Application was a

2006 YLR 1240 LAHORE-HIGH-COURT-LAHORE

Punjab · 2006

Haji ALTAF AHMED VS Haji AHMED DIN 1984 SCMR 741, 1988 CLC 402, 2000 CLC 1684, PLD 1985 SC 1, PLD 1991 SC 242, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---Ss. 13(3)(a)(ii) & 15---Ejectment of tenant on ground of personal bona fide need---Second appeal---Premises in question were obtained by father of appellant on r

2006 YLR 1196 LAHORE-HIGH-COURT-LAHORE

Punjab · 2006

MUHAMMAD YOUSAF VS KARAM ELAHI Civil Procedure Code --Order VII of C.P.C. Plaint--11 , Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--1 , Specific Relief Act 1877--52 , Specific Relief Act 1877--53 , Specific Relief Act 1877--54 , West Pakistan Land Revenue Act 1967--172 , West Pakistan Land Revenue Rules 1968--RULE , ---S. 172---West Pakistan

2006 YLR 467 LAHORE-HIGH-COURT-LAHORE

Punjab · 2006

AUQAF DEPARTMENT VS MUHAMMAD SADIQ 1995 MLD 45, 1997 MLD 2444, Limitation Act 1908--14 , Punjab Waqf Properties Ordinance 1979--3 , Punjab Waqf Properties Ordinance 1979--9 , Specific Relief Act 1877--42 , Specific Relief Act 1877--55 , Specific Relief Act 1877--8 , West Pakistan Waqf Properties (Administration) Rules 1960--RULE , ---Ss.3(3) & 9(2)---West Pakistan Waqf Properties (Adminis

2006 YLR 467 LAHORE-HIGH-COURT-LAHORE

Punjab · 2006

AUQAF DEPARTMENT VS MUHAMMAD SADIQ Code of Civil Procedure 1908--115 , Punjab Waqf Properties Ordinance 1979--3 , Punjab Waqf Properties Ordinance 1979--9 , Specific Relief Act 1877--42 , Specific Relief Act 1877--55 , Specific Relief Act 1877--8 , West Pakistan Waqf Properties (Administration) Rules 1960--RULE , --Ss.3 & 9---West Pakistan Waqf Properties (Administration) Rules, 1960, R.7-

2006 CLC 745 LAHORE-HIGH-COURT-LAHORE

Punjab · 2006

S.M. ISMAIL VS CAPITAL DEVELOPMENT AUTHORITY, ISLAMABAD through Chairman 1970 SCMR 434, 1993 MLD 152, 2002 SCMR 312, 2003 CLC 1819, 2003 SCMR 1221, 2003 SCMR 1505, PLD 1973 SC 236, PLD 1991 SC 1041, PLD 2000 Lah. 101, Capital Development Authority Ordinance 1960--49 , Constitution of Pakistan 1973--199 , ---S. 49(b)---Constitution of Pakistan (1973), Art.l99---Constitutional petition---ev

2006 PLD 774 LAHORE-HIGH-COURT-LAHORE

Punjab · 2006

NASIM AHMAD KHAN VS ADDITIONAL DISTRICT JUDGE, LAHORE 1981 SCMR 711, 1984 SCMR 741, 1985 SCMR 241, 1986 MLD 1342, 1986 SCMR 451, 1990 CLC 901, 1991 MLD 1335, 1997 SCMR 1986, 2003 SCMR 1416, 2004 CLC 862, 2004 SCMR 1568, 2004 SCMR 1614, 2004 SCMR 738, 2005 MLD 1232, 2005 SCMR 840, PLD 1985 SC 46, PLD 1991 SC 242, Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordina

2006 PLD 684 LAHORE-HIGH-COURT-LAHORE

Punjab · 2006

Malik NAZAR HUSSAIN VS Commander (R.) ZAFAR IQBAL 1982 CLC 255, Cantonments Rent Restriction Act 1963--17 , Contract Act 1872--42 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 17(9)-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13(6)---Contract Act (IX of 1972), S.42---Bona fide personal need of landlord---Cause of action not abating on death of landlo

2006 YLR 1720 KARACHI-HIGH-COURT-SINDH

Sindh · 2006

SHAHZAD USMAN VS PRESIDING OFFICER, DISTRICT AND SESSIONS JUDGE, SOUTH, KARACHI 1985 CLC 1606, 1987 CLC 301, 1988 SCMR 322, 1991 SCMR 1103, 1992 SCMR 46, 1999 MLD 3031, 2000 SCMR 845, 2002 CLC 256, 2003 MLD 1033, PLD 1979 Quetta 39, PLD 1985 SC 131, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance

2006 YLR 1389 KARACHI-HIGH-COURT-SINDH

Sindh · 2006

SHOAIB MUHAMMAD VS KULSOOM BIBI 1980 SCMR 601, 1985 CLC 1949, 1986 SCMR 1857, 1989 SCMR 403, 1990 CLC 1061, 1998 MLD 940, PLD 1984 SC 32, Cantonments Rent Restriction Act 1963--17 , --S.17(2) (i)-Default in payment of rent---Tenant had claimed that he sent rent through money order and on refusal of landlord to accept same he sent cheque, but tenant neither had placed on record acknowledge

2006 CLC 99 KARACHI-HIGH-COURT-SINDH

Sindh · 2006

SULTAN AHMAD VS ADDITIONAL DISTRICT JUDGE-I, KARACHI SOUTH 2000 SCMR 1292, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , --S.15---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant---Bona fide personal need of landlord---Failure to specify nature of business---Selection of premises---Re

2006 CLC 5 KARACHI-HIGH-COURT-SINDH

Sindh · 2006

MUHAMMAD ABDUL VAKEEL VS GHULAM AKBAR SHAIKH PLD 1988 SC 190, PLD 2005 SC 34, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , --S. 15---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Bona fide personal need of landlord---Ejectment of tenant---Adjustment of security deposit towards monthly rent---Landlor

2005 SCMR 882 SUPREME-COURT

Supreme Court · 2005

Messrs SUHAIL PRINTING PRESS VS Syed ALEY EBA ZAIDI Civil Procedure Code --Order XLI of C.P.C. Appeals from Original Decrees--17 , Civil Procedure Code --Order XLI of C.P.C. Appeals from Original Decrees--19 , Sindh Rented Premises Ordinance 1979--21 , ----S. 21---Civil Procedure Code (V of 1908), O.XLI, Rr.17 & 19---Appeal---Absence of tenant---Dismissal on merits---Rent Controller passed

2005 SCMR 840 SUPREME-COURT

Supreme Court · 2005

Haji SAID WAHAB KHAN VS AMJAD ALI Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13(2)(ii)(a)---Constitution of Pakistan (1973), Arts.199 & 185(3)---Ejectment of tenant---Subletting of premises---Landlord filed ejectment application on the ground of default in payment of monthly rent and also sublett

2005 SCMR 840 SUPREME-COURT

Supreme Court · 2005

Haji SAID WAHAB KHAN VS AMJAD ALI Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , --S. 15---Constitution of Pakistan (1973), Arts.199 & 185(3)---Ejectment of tenant---Abandoning of plea of default---Effect---Rent Controller passed eviction order and one of the grounds of eviction was default in payment of m

2005 PLD 34 SUPREME-COURT

Supreme Court · 2005

Mst. FATIMA GUL VS Malik SAEED AKHTAR PLD 1967 SC 530, Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--27 , Constitution of Pakistan 1973--185 , ----Ss.17 & 27---Constitution of Pakistan (1973), Art. 185 (3)---Ejectment of tenant---Striking off defence---Tentative rent order, non-compliance of---Wilful default in deposit of rent---Holding of inquiry by R

2005 PLD 455 SUPREME-COURT

Supreme Court · 2005

Mst. NASEEM FATIMA through Legal Heirs VS Sheikh ALA-UD-DIN Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13---Constitution of Pakistan (1973), Art.185(3)---Ejectment of tenant---Execution of eviction order---Predecessor-in-interest of the landlords purchased the premises from predecessor-in-interest of tenants through registered sale-

2005 PLD 27 SUPREME-COURT

Supreme Court · 2005

Mrs. YASMEEN MALIK and others VS Mrs. SAFIA BEGUM 1987 SCMR 2051, Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , ----S.15---Constitution of Pakistan (1973), Art.185 (3)---Ejectment of tenant---Bona fide personal need of landlady---Proof---Concurrent findings of fact by the Courts below---Landlady being widow required the premises for her own use and use of

2005 SCMR 1476 SUPREME-COURT

Supreme Court · 2005

SADAT ALI BAIG and others VS BUX ILLAHI Sindh Rented Premises Ordinance 1979--15 , ---S. 15(2)(iii)(c)---Ejectment of tenant---Change in original structural plan of premises---Violating tenancy agreement---Ejectment application was accepted by Rent Controller and eviction order was passed on the ground that the tenant had demolished a wall in-between the shop and the store---High Court in

2005 YLR 2784 LAHORE-HIGH-COURT-LAHORE

Punjab · 2005

Sh. SANA ULLAH VS FARAH DIBA West Pakistan Urban Rent Restriction Ordinance 1959--15 , --S. 15(6)---Default---Denial of relation-ship of landlord and tenant---Respondent filed ejectment petition seeking eviction of petitioners from two shops on ground of default---Petitioner took the plea that he was not a tenant, but was owner of the disputed property on the basis of oral sale---Only one

2005 YLR 2328 LAHORE-HIGH-COURT-LAHORE

Punjab · 2005

Mst. MUMTAZ BEGUM VS MAQSOOD AHMAD 1991 SCMR 429, 2000 SCMR 226, PLD 1980 SC 9, PLD 1993 Lah. 121, PLD 2003 SC 477, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---Ss. 13(2)(i)(iii), 13(3), 13(6) & 15(6)---Ejectment proceedings---Non-compliance of tentative rent order---Striking off defence of tenant---Rent Controller,

2005 YLR 1738 LAHORE-HIGH-COURT-LAHORE

Punjab · 2005

ABDUL KARIM VS MUHAMMAD ISMAIL Code of Civil Procedure 1908--115 , Maintainability--TERM , Specific Relief Act 1877--42 , ----S.42, proviso---Civil Procedure Code (V of 1908), S.115---Suit for declaration of title---Maintainability---Relief of possession, non-seeking of--Effect---Concurrent findings of fact by the Courts below---Plaintiff sought declaration of title regarding suit-land but

2005 CLC 1758 LAHORE-HIGH-COURT-LAHORE

Punjab · 2005

Hafiz ALTAF AHMED VS Haji AHMED DIN West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13(3)(a)(ii), first proviso---Personal bona fide need of landlord---First tenancy agreement which was executed for a period of 11 months showed one of the conditions that premises in question would not be got vacated by landlord from tenant on ground of personal need of landlord---After expi

2005 CLC 1119 LAHORE-HIGH-COURT-LAHORE

Punjab · 2005

Mst. MUNAWAR SULTANA VS ADDITIONAL DISTRICT JUDGE, ISLAMABAD Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Islamabad Rent Restriction Ordinance 2001--17 , Islamabad Rent Restriction Ordinance 2001--2 , Islamabad Rent Restriction Ordinance 2001--6 , -Ss. 6, 17 & 2(j)---Constitution of Pakistan (1973), Art. 199--¬Constitutional petition---Landlord moved eviction applic

2005 CLC 882 LAHORE-HIGH-COURT-LAHORE

Punjab · 2005

NURICON UNION (PVT.) LTD. through Officer Incharge, Islamabad VS MUHAMMAD NASAR SAJJAD Arbitration Act 1940--34 , Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Islamabad Rent Restriction Ordinance 2001--17 , --S. 17---Arbitration Act (X of 1940), S.34---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment application---Stay of proceedings---

2005 CLC 861 LAHORE-HIGH-COURT-LAHORE

Punjab · 2005

ZAKIR ULLAH VS Mrs. SAROSH YAQOOB 1981 SCMR 276, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , --S. 13(6)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant---Striking off defence---Non-compliance of tentative rent order---Rent Controller passed tentative rent order and

2005 CLC 861 LAHORE-HIGH-COURT-LAHORE

Punjab · 2005

ZAKIR ULLAH VS Mrs. SAROSH YAQOOB West Pakistan Urban Rent Restriction Ordinance 1959--13 , --S. 13(6)---Ejectment of tenant---Striking off defence---Plea of filing of ejectment application by unauthorized person---Defence of tenant was struck off by Rent Controller, resultantly eviction order was passed---Contention of the tenant before High Court was that the power of attorney in favour

2005 CLC 852 LAHORE-HIGH-COURT-LAHORE

Punjab · 2005

Sh. ATTA MUHAMMAD VS ZAHID UMAR HAYAT 1980 SCMR 41, 1981 SCMR 1087, 1981 SCMR 924, 1996 MLD 797, 1997 SCMR 1819, 2003 YLR 3304, PLD 1992 SC 401, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--22 , ----Ss. 13 & 22---Ejectment sought for reconstruction of the property---Concurrent findings of fact by the Courts below---Resource

2005 CLC 852 LAHORE-HIGH-COURT-LAHORE

Punjab · 2005

Sh. ATTA MUHAMMAD VS ZAHID UMAR HAYAT 1980 SCMR 41, 1981 SCMR 1087, 1981 SCMR 924, 1996 MLD 797, 1997 SCMR 1819, 2003 YLR 3304, PLD 1992 SC 401, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--22 , ---Ss. 13 & 22---Ejectment sought for reconstruction of the property---Concurrent findings of fact by the Courts below---Resources

2005 MLD 1493 LAHORE-HIGH-COURT-LAHORE

Punjab · 2005

AMIR AKBAR KHAN VS IRSHAD AHMED KHOKHAR Islamabad Rent Restriction Ordinance 2001--17 , --S. 17---Bona fide personal need of landlord---Scope---Plea of landlord of utilization of part of rented shops by his doctor daughter having arisen as an additional ground for eviction of tenant would not negate landlord's bona fide personal need---Protection had been given to the tenant under S.17(6)

2005 MLD 1493 LAHORE-HIGH-COURT-LAHORE

Punjab · 2005

AMIR AKBAR KHAN VS IRSHAD AHMED KHOKHAR 1987 SCMR 307, PLD 1987 Kar. 16, Constitution of Pakistan 1973--199 , Islamabad Rent Restriction Ordinance 2001--11 , Islamabad Rent Restriction Ordinance 2001--17 , Islamabad Rent Restriction Ordinance 2001--6 , ---Ss. 11, 17 & 6---Constitution Pakistan (1973), Art.199--- Constitutional petition---Ejectment of tenant was sought on the grounds of pe

2005 CLC 594 LAHORE-HIGH-COURT-LAHORE

Punjab · 2005

PERVAIZ VS AMIR AZIZ 2004 SCMR 595, West Pakistan Urban Rent Restriction Ordinance 1959--13-A , West Pakistan Urban Rent Restriction Ordinance 1959--13 , --Ss. 13 & 13-A---Bona fide personal need of landlord---Change of ownership of property---Relationship of landlord and tenant---Contentions of the tenant were that no property number was given in the eviction application nor in the sale-

2005 CLC 446 LAHORE-HIGH-COURT-LAHORE

Punjab · 2005

HAMAYUN through L.Rs. VS Mst. NAMWAR KHATOON through L.Rs. West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---Ss. 13(6)---Ejectment of tenants was sought on the ground of re¬construction of the premises by landlady---Contentions of the tenants were that the property in dispute did not correspond to the one, for which the landlady had obtained the plan and in this regard, an appli

2005 YLR 1106 KARACHI-HIGH-COURT-SINDH

Sindh · 2005

TANVIR RAJPUT VS RUKIYA DADA 1983 CLC 470, 1990 CLC 849, PLD 1966 SC 182, PLD 1985 Kar. 633, PLD 1985 Kar. 698, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--16 , --Ss.15 & 16---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant---Wilful default in

2005 CLC 1675 KARACHI-HIGH-COURT-SINDH

Sindh · 2005

UNITED BANK LIMITED VS MUHAMMAD RAFI 1986 MLD 735, 1991 SCMR 496, PLD 1958 SC 104, PLD 1964 SC 106, PLD 1964 SC 337, PLD 1975 SC 331, PLD 1981 SC 112, PLD 1983 SC 155, PLD 1987 SC 145, PLD 1996 SC 246, PLD 1998 Kar. 133, PLD 1998 SC 363, Code of Civil Procedure 1908--115 , Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979--22 , ---Ss. 21 & 22---Civil Procedur

2005 CLC 768 KARACHI-HIGH-COURT-SINDH

Sindh · 2005

SOHAIL VS Mst. RASHIDA BEGUM 2000 CLC 1813, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , --S. 15---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant---Default in payment of monthly rent---Payment of monthly rent---Onus to prove---Rent Controller dismissed the application but Appellate

2005 CLC 388 KARACHI-HIGH-COURT-SINDH

Sindh · 2005

SAEED AHMED VS CANTONMENT BOARD, MALIR CANTT Constitution of Pakistan 1973--4 , ---S. 5---Constitution of Pakistan (1973), Art.4---Right of individuals to be dealt with in accordance with law---Scope---Holding of enquiry before passing an order, for dispossession---Opportunity of hearing---Necessity---"Satisfaction" under S.5 of the Ordinance was: a condition precedent to exercise authorit

2005 CLC 388 KARACHI-HIGH-COURT-SINDH

Sindh · 2005

SAEED AHMED VS CANTONMENT BOARD, MALIR CANTT Cantonments Act 1924--273 , Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--10 , Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--11 , Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--3 , Central Government Lands and Buildings (Recovery of Possession) Ordi

2005 PLD 205 KARACHI-HIGH-COURT-SINDH

Sindh · 2005

MAZHARUDDIN VS HUSSAIN BAKHSH Constitution of Pakistan 1973--199 , ----S. 15---Constitution of Pakistan (1973), Art.199---Bona fide personal need of landlord---Ejectment---Constitutional, jurisdiction of High Court-¬-Scope---Concurrent findings of fact by the Courts below---Misreading and non-reading of evidence---Rent Controller dismissed ejectment application of landlord filed on the gro

2004 SCMR 807 SUPREME-COURT

Supreme Court · 2004

ABDUL MAJEED VS MUHAMMAD BOOTA Civil Procedure Code --Order I of C.P.C. Parties to Suits--10 , Constitution of Pakistan 1973--185 , Punjab Tenancy Act 1887--39 , ----S. 39---Civil Procedure Code (V of 1908), 0.1, Rr.9 & 10(2)--Constitution of Pakistan (1973). Art.185(3)---Ejectment of occupancy tenant ---Decree_ of Trial Court upheld by Appellate Court was set aside by High Court in revisi

2004 SCMR 443 SUPREME-COURT

Supreme Court · 2004

MUHAMMAD ANWAR AZIM VS R.I. G.B. EDUCATION BOARD Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--21-A , ----S.21-A, proviso [as inserted by Sindh Rented Premises (Amendment) Ordinance (XIV of 2001)]---Constitution - of Pakistan ' (1973), Art. 185(3)---Sindh Government Notification, dated 14--4-2001---Appeals as were fixed for judgment before the High Court instea

2004 SCMR 415 SUPREME-COURT

Supreme Court · 2004

MUHAMMAD SULEMAN VS ABDUL SATTAR Appeal--TERM , Cantonments Rent Restriction Act 1963--24 , Constitution of Pakistan 1973--185 , ----S.24---Constitution of- Pakistan (1973), Art. 185(3)---Appeal--Maintainability---Failure to implead necessary parties---Plea of subletting of premises was raised by landlord---Rent Controller allowed ejectment application and eviction order was passed against

2004 SCMR 115 SUPREME-COURT

Supreme Court · 2004

ABDUR REHMAN VS Syed TASADDUQ HUSSAIN Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , ----S. 15---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal need of landlord---Proof---Failure to prove other pleas raised by landlord---Contention of tenant was that the statement of landlord recorded on oath did not command respect and the plea of the pe

2004 PLD 921 SUPREME-COURT

Supreme Court · 2004

ABDUL RAHMAN VS PAKISTAN STATE OIL COMPANY LTD Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , ----S. 15---Constitution of Pakistan (1973). Art.185(3)---Bona fide personal need of landlord---Leave to appeal was granted by the Supreme Court to consider whether the High Court was right in holding that a case for eviction on the ground of personal requirement w

2004 SCMR 1607 SUPREME-COURT

Supreme Court · 2004

MUHAMMAD IQBAL VS Syed SOHAIL WAJID GILLANI Cantonments Rent Restriction Act 1963--17 , Constitution of Pakistan 1973--185 , ----S. 17---Constitution of Pakistan (1973), Art. 185(3) --- Ejectment of tenant---Bona fide personal need of landlord---Proof---Failure to mention nature of business by landlord intended to be started in shop in question---Rent Controller dismissed the ejectment pet

2004 SCMR 1453 SUPREME-COURT

Supreme Court · 2004

M.H. MUSSADAQ VS MUHAMMAD ZAFAR IQBAL and another 1986 SCMR 1705, 1995 SCMR 287, Cantonments Rent Restriction Act 1963--17 , Constitution of Pakistan 1973--185 , ---S. 17(9)---Constitution of Pakistan (1973), Art.185, (3)---"Default"---Striking off defence---Tentative rent order, non-compliance of---Default of few days in deposit of tentative rent---Rent Controller passed tentative rent o

2004 SCMR 1070 SUPREME-COURT

Supreme Court · 2004

MUHAMMAD ZUBAIR VS Mian MUHAMMAD ZIA 1993 CLC 2435, PLD 1988 Quetta 42, Cantonments Rent Restriction Act 1963--17 , Constitution of Pakistan 1973--185 , ----S. 17(8)(9)---Constitution of Pakistan (1973), Art. 185(3)---Tentative rent assessment---Striking off defence---Failure to work out arrears of rent---Disputed covered area. of the premises---Non deciding the miscellaneous applications

2004 CLC 582 PESHAWAR-HIGH-COURT

KPK · 2004

ABBAS KHAN VS HAFEEZ-UR-REHMAN Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----Ss. 2(c) & 13---Constitution of Pakistan (1973), Art.199--Constitutional petition ---Ejectment of tenant---Relationship of landlord and tenant---Proof---Tenants denied existence of such relationship on the ground that the land beneath the shops was not owned by

2004 CLC 189 PESHAWAR-HIGH-COURT

KPK · 2004

MUJEEBUR REHMAN VS ZAFAR ALI KHAN Cantonments Rent Restriction Act 1963--17 , Civil Procedure Code --Order XX of C.P.C. Judgement and Decree--5 , ----S. 17(2)---Civil Procedure Code (V of 1908), O.XX, R.5---Ejectment of tenant---Default in monthly rent---Proof---Solitary statement of landlord---Provisions of Civil Procedure Code, 1908---Applicability--Non-speaking order passed by Rent Cont

2004 CLC 176 PESHAWAR-HIGH-COURT

KPK · 2004

FAIZUR REHMAN VS Haji AMIR MAQSOOD West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S. 13(2)(vi)---Ejectment of tenant---Plea of reconstruction---Site plan produced by landlord was not got sanctioned from Municipal Committee or Town Committee of the concerned area---Effect---Landlord having failed to comply with the requirements of law---eviction order on the basis of such sit

2004 PLD 62 PESHAWAR-HIGH-COURT

KPK · 2004

MANZOOR ELAHI VS Mst. SURRAYA JABIN Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--24 , Qanun-e-Shahadat Order 1984--117 , Qanun-e-Shahadat Order 1984--120 , ----Ss. 17 & 24---Qanun-e-Shahadat (10 of 1984), Arts. 117 & 120--Bona fide personal need of landlady---Onus to prove---Son of landlady appeared as her attorney before Rent Controller and fully subs

2004 YLR 2555 LAHORE-HIGH-COURT-LAHORE

Punjab · 2004

MUHAMMAD FAROOQ BUTT VS TARIQ SHARIF and another West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S. 13---Bona fide personal need of landlord---Landlord living in rented premises---Conversion of residential property into commercial---Tenant admitted his possession but raised a plea that the premises was not residential but was commercial---Effect---Even if the landlord had acq

2004 YLR 879 LAHORE-HIGH-COURT-LAHORE

Punjab · 2004

Mst. AMTUL KARIM VS ROSHAN DIN 1983 SCMR 1064, PLD 1988 SC 221, Specific Relief Act 1877--54 , Specific Relief Act 1877--8 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----Ss. 8, 42 & 54---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 15(8)---Civil Procedure Code (V of 1908), O. VIII, R.3---Declaration of title and recovery of possession---Incorrect descri

2004 YLR 647 LAHORE-HIGH-COURT-LAHORE

Punjab · 2004

MUHAMMAD LATEEF VS Mst. PARVEEN AKHTAR 1990 SCMR 997, West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S. 13---Second appeal---Bona fide personal need of landlady---Death of landlady---Abatement of ejectment petition---Sons of landlady, despite being educated, did not have any job or business---Sons of landlady were neither owners nor in possession of any other shop in the co

2004 CLC 1320 LAHORE-HIGH-COURT-LAHORE

Punjab · 2004

Mian MUHAMMAD ASLAM and another VS SHER AFGAN, ADDITIONAL DEPUTY COMMISSIONER GENERAL COLLECTOR (CITY), LAHORE and 5 others West Pakistan Land Revenue Rules 1968--RULE , ----Rr. 67-A & 67-B---Constitution of Pakistan (1973), Art.199--Constitutional petition---Demarcation of land---Decree for possession--Revenue Officer, jurisdiction of---Grievance of petitioners was that the Revenue Author

2004 MLD 1685 LAHORE-HIGH-COURT-LAHORE

Punjab · 2004

MUHAMMAD HUSSAIN VS MEMBER, BOARD OF REVENUE (COLONIES) PUNJAB, LAHORE Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Thal Development Act 1949--30 , Thal Development Act 1949--66 , ---Ss.30(3)(a) & 66---Constitution of Pakistan (1973), Art.199--¬Constitutional petition---Sheep and Poultry Breeding Scheme---eviction from Colony land---Petitioner was one of the applica

2004 MLD 1685 LAHORE-HIGH-COURT-LAHORE

Punjab · 2004

MUHAMMAD HUSSAIN VS MEMBER, BOARD OF REVENUE (COLONIES) PUNJAB, LAHORE Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Thal Development Authority Colonization Appeal and Revision Rules 1973--RULE , --Rr.4 & 6---Constitution of Pakistan (1973), Art.199---Constitutional petition---Quashing of order---Review jurisdiction of Board of Revenue---Rescinding of earlier order b

2004 MLD 1297 LAHORE-HIGH-COURT-LAHORE

Punjab · 2004

DAULAT BIBI VS MUHAMMAD KHAN Civil Procedure Code --Order II of C.P.C. Frame of Suit--2 , Code of Civil Procedure 1908--11 , Specific Relief Act 1877--42 , Specific Relief Act 1877--8 , ----Ss.8 & 42---Civil Procedure Code (V of 1908), S.11, & O.II, R.2--Filing of second suit---Same cause of action---Principle of res judicata--Applicability---eviction of licensee---Disputed property was al

2004 YLR 344 KARACHI-HIGH-COURT-SINDH

Sindh · 2004

YAHYA POLARI RANOR VS Mst. SOFIA AFTAB 1986 CLC 1513, 1989 CLC 853, 1990 CLC 1708, 1997 MLD 923, PLD 1991 SC 835, Constitution of Pakistan 1973--199 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--18 , ----Ss.15 & 18---Constitution of Pakistan (1973), Art.199---Default in payment of monthly rent---Change of ownership notice, non-receipt of---Tenant paid

2004 YLR 326 KARACHI-HIGH-COURT-SINDH

Sindh · 2004

Messrs SINGER PAKISTAN LIMITED VS Mst. ANWARI BEGUM 1984 CLC 2343, 1986 CLC 1534, 1986 CLC 681, 1988 SCMR 895, 1998 MLD 788, PLD 1978 SC 220, PLD 1985 Kar. 201, Constitution of Pakistan 1973--199 , ----S.14---Constitution of Pakistan (1973), Art. l99---Constitutional petition -- Ejectment of tenant ---Maintainability-- Need of premises by widow---Filing of ejectment petition without joini

2004 MLD 1993 KARACHI-HIGH-COURT-SINDH

Sindh · 2004

NAEEM AHMED JALBANI VS SARDAR ZAHIR KHAN Appeal--TERM , Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--24 , ---Ss.17(8), 17(9) & 24---Appeal---Striking off defence---Tentative rent order, non-compliance of---Plausible explanation---Scope---eviction order was passed against the tenant on the ground that he failed to deposit tentative rent assessed by Rent

2004 CLC 308 KARACHI-HIGH-COURT-SINDH

Sindh · 2004

MUHAMMAD ASLAM VS KARACHI DEVELOPMENT AUTHORITY 1979 CLC 742, 1987 MLD 305, 1989 SCMR 836, 1999 CLC 723, 2002 CLC 1275, PLD 1987 SC 145, PLD 1993 Lah. 183, PLD 1995 SC 406, Civil Procedure Code --Order VII of C.P.C. Plaint--11 , Code of Civil Procedure 1908--11 , Sindh Public Property (Removal of Encroachment) Act 1975--11 , Sindh Public Property (Removal of Encroachment) Act 1975--12 , Sind

2003 PLD 625 SUPREME-COURT

Supreme Court · 2003

MUHAMMAD HUSSAIN AFZAL VS ZIAULLAH PLD 1978 SC 231, Civil Procedure Code --Order XIII of C.P.C. Production, Impounding and Return of Documents--9 , Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S.13---Civil Procedure Code (V of 1908), O.XIII, R.9---Constitution of Pakistan (1973), Arts.185(3) & 199--

2003 SCMR 722 SUPREME-COURT

Supreme Court · 2003

ATTA MUHAMMAD VS MIR AHMAD Sindh Rented Premises Ordinance 1979--2 , ----Ss.2(h) & 15---Ejectment proceedings---Maintainability---Property used as hotel---Scope---Hotel rented out to tenant is not deemed to be "premises" for the, purpose of maintaining ejectment petition before Rent Controller as the same has been expressly excluded from the definition of "premises" given in Sindh Rented P

2003 SCMR 464 SUPREME-COURT

Supreme Court · 2003

ILAM DIN VS CHIEF ADMINISTRATOR OF AUQAF, LAHORE West Pakistan Waqf Properties Ordinance 1961--7 , West Pakistan Waqf Properties Ordinance 1961 ----Ss.7, 6 & 2(d)---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958),'S.4---Constitution of Pakistan (1973), Art.185(3)--Notification under S. 6 of the West Pakistan Waqf Properties Ordinance, 1961---Petition under S.7 of t

2003 SCMR 1797 SUPREME-COURT

Supreme Court · 2003

Ch. SHAHBAZ BABAR VS Mrs. REHMANA MIRZA Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S.13---Constitution of Pakistan (1973), Art. 185(3)---Ejectment of tenant---Bona fide personal need of landlady for her husband---eviction order passed by Rent Controller was maintained by High Court---Validity---Leave to appeal was granted by Supreme C

2003 SCMR 1786 SUPREME-COURT

Supreme Court · 2003

Munir A. Sheikh, J Sh. MUHAMMAD HANIF VS FAHMIDA SULTANA Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----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---Landlad

2003 SCMR 1667 SUPREME-COURT

Supreme Court · 2003

MUHAMMAD ASLAM VS HANIF ABDULLAH & BROTHERS 1980 SCMR 593, 1995 SCMR 146, 2000 SCMR 542, PLD 1990 SC 394, Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , ----S. 15---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal need of landlord---Landlord was jobless who was not carrying on any business and the shop in question was situated in market of

2003 SCMR 1580 SUPREME-COURT

Supreme Court · 2003

KHADIM HUSSAIN VS NASIR AHMAD Sindh Rented Premises Ordinance 1979--13 , ----S.13(6)---Failure of tenant to comply with the order of the Rent Controller under S.13(6), West Pakistan Urban Rent Restriction Ordinance, 1959 to deposit the monthly rent by the due date--¬Consequences---Once the default in the compliance of order of Rent Controller under S.13(6) of the Ordinance was established,

2003 SCMR 1353 SUPREME-COURT

Supreme Court · 2003

NAZIR AHMAD VS Mst. BHAGAN BIBI Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S. 13---Constitution of Pakistan (1973), Art. 185(3) --- Ejectment of tenant---Relationship of landlord and tenant---Determination---Petitioner claimed to be owner of the premises on the basis of Transfer Order issued by Settlement Authorities and the responden

2003 SCMR 1331 SUPREME-COURT

Supreme Court · 2003

PROVINCE OF PUNJAB VS Mst. UMAT UL BASIT Code of Civil Procedure 1908--12 , Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S. 13---Civil Procedure Code (V of 1908), S.12(2)---Constitution of Pakistan (1973), Art. 185(3)---Ejectment of tenant---Non-appearance of tenant---Notice issued to District Attorney---Government was running a school

2003 PLD 27 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2003

MUHAMMAD ASLAM SHAH VS FIDA MUHAMMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13(2)(i)---Ejectment of tenant---Bona fide personal need of landlord--Frequent visits of landlord to a city in other province to attend his ailing--wife---Effect---Rent. Controller passed eviction order against the tenant--Tenant resisted

2003 PLD 581 LAHORE-HIGH-COURT-LAHORE

Punjab · 2003

MUSHTAQ HUSSAIN VS Chaudhary MUHAMMAD BAKHSH (ADVOCATE) Civil Procedure Code --Order IX of C.P.C. Appearance of Parties and Consequence of Non-Appearance--12 , Civil Procedure Code --Order IX of C.P.C. Appearance of Parties and Consequence of Non-Appearance--13 , Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction

2003 CLC 1819 LAHORE-HIGH-COURT-LAHORE

Punjab · 2003

Raja HASSAN ALI KHAN VS ADDITIONAL DISTRICT JUDGE, ISLAMABAD Constitution of Pakistan 1973--199 , Islamabad Rent Restriction Ordinance 2001--17 , ----S. 17---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Petitioner's conduct---Relevancy and effect---Bona fide personal need of landlord---Default in payment of monthly rent---Tenants failed to deposit rent even after o

2003 YLR 1618 LAHORE-HIGH-COURT-LAHORE

Punjab · 2003

ASGHAR ALI VS ADDITIONAL DISTRICT JUDGE, FEROZEWALA West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S.13(1)---Civil Procedure Code (V of 1908), S.9---eviction of tenant---Jurisdiction of Civil Court in matters covered by the Ordinance not expressly but impliedly barred by virtue of S.13 of the Ordinance providing that tenant would not be ejected except in accordance with prov

2003 YLR 1618 LAHORE-HIGH-COURT-LAHORE

Punjab · 2003

ASGHAR ALI VS ADDITIONAL DISTRICT JUDGE, FEROZEWALA Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--1 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , ----Ss.1(2), 2(j) & 13(1)---Civil Procedure Code (V of 1908), S.9---Notification SOV(LG) 5-15/95 (SKP), dated 13-12-1997--¬Constitution of Pakistan (1973), Art. 199--¬Constitutional petitio

2003 YLR 1268 LAHORE-HIGH-COURT-LAHORE

Punjab · 2003

Sh. NAVEED YAQOOB VS FEDERAL GOVERNMENT Cantonments Rent Restriction Act 1963--3 , Transfer of Property Act 1882--116 , ----S. 116---Cantonments Rent Restriction Act (XI of 1963), S.3 (b)---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Constitutional jurisdiction of High Court---Scope---Recovery of possession--Land owned by Cantonment Board--Provisions of S.116 of T

2003 YLR 1245 LAHORE-HIGH-COURT-LAHORE

Punjab · 2003

HABIB MASIH VS ADDITIONAL DISTRICT JUDGE, LAHORE Cantonments Rent Restriction Act 1963--17 , Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S. 13---Cantonments Rent Restriction Act (XI of 1963), S.17---Constitution of Pakistan (1973), Art. 199---Constitutional petition--Ejectment proceedings---Premises situated in cantonment area---Plea o

2003 YLR 1233 LAHORE-HIGH-COURT-LAHORE

Punjab · 2003

ROHAIL VS AHMAD Constitution of Pakistan 1973--199 , ----S.13(3) (a)---Constitution of Pakistan (1973), Art. 199---Bona fide personal need of landlord---Proof---Land underneath the cinema premises only was rented by the landlords and the superstructure alongwith its fittings, fixtures, etc. was owned by the tenant---Only one of the landlords appeared before the Rent Controller and he too i

2003 YLR 449 LAHORE-HIGH-COURT-LAHORE

Punjab · 2003

Dr. KAMRAN MASOOD VS Ch. SAADAT KHALID West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S.13(2)(i)---Default in payment of rent by tenant holding over after determination of lease---Monthly rent fixed in previous agreement was Rs. 3, 900 payable by 5th of each month---Nothing was available on record to show that tenant had of

2003 CLC 1272 LAHORE-HIGH-COURT-LAHORE

Punjab · 2003

NUSRAT BIBI VS NAILA HANIF Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S. 13---Constitution of Pakistan (1973), Art.199---Constitutional petition---eviction petition---Power of attorney showed that special attorney was delegated with the powers to engage a counsel in eviction petition; to pursue the eviction petition; to draw the rent

2003 CLC 44 LAHORE-HIGH-COURT-LAHORE

Punjab · 2003

SARFRAZ AHMAD KHAN VS DISTRICT JUDGE, MULTAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---Constitution of Pakistani (1973), Art.199---Constitutional petition ---Ejectment of tenant---Striking off defence---Ex parte proceedings against tenant---Plea of non-service of summons and fraud--Tenant was represented by cou

2003 YLR 961 KARACHI-HIGH-COURT-SINDH

Sindh · 2003

MUHAMMAD SHAFI VS ABDUL RASHEED Constitution of Pakistan 1973--199 , Sindh Rented Premises Ordinance 1979--15 , ----S. 15---Constitution of Pakistan (1973), Art. 199---Bona fide personal need of landlord---Default in payment of monthly rent---Concurrent findings of fact by the Courts below---Landlords had no other property and one of them had been working in motor workshop for last ten yea

2003 YLR 466 KARACHI-HIGH-COURT-SINDH

Sindh · 2003

UNIQUE SERVICES, SOLE PROPRIETORSHIP CONCERN VS OCCUPANT OWNERS WELFARE ASSOCIATION Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 ----S. 17(8) (9) & 24---eviction of tenant--Tentative rent order, non-compliance of--Application for extension of time, grant of--Effect---Tenant holding over after expiry of lease---Tenant was directed through order, dated 19

2003 YLR 466 KARACHI-HIGH-COURT-SINDH

Sindh · 2003

UNIQUE SERVICES, SOLE PROPRIETORSHIP CONCERN VS OCCUPANT OWNERS WELFARE ASSOCIATION Cantonments Rent Restriction Act 1963--24 , ----S. 17(8) (9) & 24---eviction of tenant--Tentative rent order, non-compliance of--Application for extension of time, grant of--Effect---Tenant holding over after expiry of lease---Tenant was directed through order, dated 19-6-2001 to deposit arrears within twen

2003 CLC 1631 KARACHI-HIGH-COURT-SINDH

Sindh · 2003

Mst. KHALIDA FAROOQ VS Mst. MARIAM YOUSUF 2000 MLD 695, 2001 PLC 325, 2003 YLR 226, PLD 1981 SC 246, PLD 1987 SC 447, Sindh Rented Premises Ordinance 1979--15 , ----S. 15---Bona fide personal need of landlady--Rent Controller allowed the ejectment petition but the Appellate Court dismissed the same--¬Tenant agreed to pay enhanced rent but the landlady declined to accept the same and state

2003 PLD 188 KARACHI-HIGH-COURT-SINDH

Sindh · 2003

A.T.A. GHUMRO VS II ADDITIONAL DISTRICT AND SESSIONS JUDGE, KARACHI Constitution of Pakistan 1973--199 , ----S. 15---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Bona fide personal need of landlord---Default in payment of monthly rent---Premises was owned by private limited Corporation and tenant being an employee of the Corporation was rented out the premises--Rel

2003 PLD 188 KARACHI-HIGH-COURT-SINDH

Sindh · 2003

A.T.A. GHUMRO VS II ADDITIONAL DISTRICT AND SESSIONS JUDGE, KARACHI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Bona fide personal need of landlord---Default in payment of monthly rent---Premises was owned by private limited Corporation and tenant being an employee of the C

2003 CLC 152 KARACHI-HIGH-COURT-SINDH

Sindh · 2003

MUNIR HASSAN KHAN VS Syed AZIZ AHMED Cantonments Rent Restriction Act 1963--23 , ---Ss. 17 & 23---Ejectment order passed in a second case---Doctrine of res judicata---Applicability---Landlord withdrew application for execution of ejectment order passed in first case after tenant executed new agreement agreeing to pay monthly rent and also arrears of rent on intervals specified therein---Te

2003 CLC 152 KARACHI-HIGH-COURT-SINDH

Sindh · 2003

MUNIR HASSAN KHAN VS Syed AZIZ AHMED Cantonments Rent Restriction Act 1963--27 , ---Ss. 17 & 27---Ex parte ejectment order against tenant on his failure to pay current rent arrears of rent and utility bills—Contention of tenant was that such order was violative of provisions of S. 27 of the Act—Validity---Tenant had not referred to any material for proving that Rent Controller had violated

2002 SCMR 480 SUPREME-COURT

Supreme Court · 2002

MUHAMMAD SHAM VS HAJI SHAISTA KHAN Maintainability--TERM , ----S.14---Subsequent eviction application---Maintainability---Where first application was filed on personal bona fide use regarding the premises but subsequently- another eviction application was moved on the main ground of reconstruction coupled with personal bona fide use of the premises, subsequent eviction application was main

2002 SCMR 480 SUPREME-COURT

Supreme Court · 2002

MUHAMMAD SHAM VS HAJI SHAISTA KHAN Constitution of Pakistan 1973--185 , ----Ss. 13 & 14---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted by Supreme Court to consider; whether the subsequent application for eviction filed by the landlord before Rent Controller on the ground of personal and bona fide requirement of the premises was barred on the principle of res j

2002 SCMR 480 SUPREME-COURT

Supreme Court · 2002

MUHAMMAD SHAM VS HAJI SHAISTA KHAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----Ss. 13 & 14---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted by Supreme Court to consider; whether the subsequent application for eviction filed by the landlord before Rent Controller on the ground of personal and b

2002 SCMR 480 SUPREME-COURT

Supreme Court · 2002

MUHAMMAD SHAM VS HAJI SHAISTA KHAN West Pakistan Urban Rent Restriction Ordinance 1959--14 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S.14---Second eviction application---Bar contained in S.14 of West Pakistan Urban Rent Restriction Ordinance, 1959---Applicability---Previous order of Rent Controller that the premises was not required for personal-bona fide use would not cons

2002 SCMR 412 SUPREME-COURT

Supreme Court · 2002

MST. SAS BANO VS MST. MAHMOODA SABIR Constitution of Pakistan 1973--185 , ----S. 15---Constitution of Pakistan (1973), Art.185(3)---Ejectment of tenant---Bona fide personal need of landlady---Demised shops were required by landlady for her sons who wanted to start their business there---Rent Controller allowed the application and appeal against eviction order was dismissed by High Court---

2002 SCMR 412 SUPREME-COURT

Supreme Court · 2002

MST. SAS BANO VS MST. MAHMOODA SABIR Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15---Constitution of Pakistan (1973), Art.185(3)---Ejectment of tenant---Bona fide personal need of landlady---Demised shops were required by landlady for her sons who wanted to start their business there---Rent Controller allowed the application and appeal against ev

2002 SCMR 168 SUPREME-COURT

Supreme Court · 2002

ABDUL RASHID VS BABOO Constitution of Pakistan 1973--185 , ----S. 15(2)(vii)---Constitution of Pakistan (1973), Art.185(3)---Bona fide personal need of landlord---Admissions of tenant in cross-examination-- Rent Controller allowed eviction application filed by landlord and the order of eviction was maintained by High Court---Contention of the tenant was that the application filed by the la

2002 SCMR 168 SUPREME-COURT

Supreme Court · 2002

ABDUL RASHID VS BABOO Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15(2)(vii)---Constitution of Pakistan (1973), Art.185(3)---Bona fide personal need of landlord---Admissions of tenant in cross-examination-- Rent Controller allowed eviction application filed by landlord and the order of eviction was maintained by High Court---Contention of the tena

2002 SCMR 1540 SUPREME-COURT

Supreme Court · 2002

MUHAMMAD NAZIR VS SAEED SUBHANI West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 -- -S. 13(6)---Constitution of Pakistan (1973), Art. 185(3) Ejectment of tenant---Striking off defence--Plea of agreement to sell---Relationship of landlord and tenant between the parties was not denied by the tenant in the written statement---Tenant

2002 SCMR 1540 SUPREME-COURT

Supreme Court · 2002

MUHAMMAD NAZIR VS SAEED SUBHANI Constitution of Pakistan 1973--185 , -- -S. 13(6)---Constitution of Pakistan (1973), Art. 185(3) Ejectment of tenant---Striking off defence--Plea of agreement to sell---Relationship of landlord and tenant between the parties was not denied by the tenant in the written statement---Tenant, according to the agreement of sale, continued to retain the status of t

2002 SCMR 1266 SUPREME-COURT

Supreme Court · 2002

MUHAMMAD TUFAIL VS SHAHID PERVEZ Constitution of Pakistan 1973--185 , Specific Relief Act 1877--9 , ----Ss.12 & 9---Constitution of Pakistan (1973), Art. 185(3)---Specific performance of oral agreement to sell---Concurrent findings of fact by the Courts below---Plaintiff was initially tenant in the suit property, eviction proceedings went up to Supreme Court and the .eviction order attaine

2002 SCMR 1266 SUPREME-COURT

Supreme Court · 2002

MUHAMMAD TUFAIL VS SHAHID PERVEZ Specific Relief Act 1877--12 , Specific Relief Act 1877 ----Ss.12 & 9---Constitution of Pakistan (1973), Art. 185(3)---Specific performance of oral agreement to sell---Concurrent findings of fact by the Courts below---Plaintiff was initially tenant in the suit property, eviction proceedings went up to Supreme Court and the .eviction order attained finality-

2002 SCMR 1266 SUPREME-COURT

Supreme Court · 2002

MUHAMMAD TUFAIL VS SHAHID PERVEZ Constitution of Pakistan 1973--185 , Specific Relief Act 1877--9 , ----Ss.12 & 9---Constitution of Pakistan (1973), Art. 185(3)---Specific performance of oral agreement to sell---Concurrent findings of fact by the Courts below---Plaintiff was initially tenant in the suit property, eviction proceedings went up to Supreme Court and the .eviction order attaine

2002 YLR 1940 PESHAWAR-HIGH-COURT

KPK · 2002

MUHAMMAD IQBAL KHAN VS SARDAR BACHA West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S.13(3)(a)(ii)---Bona fide personal need of landlord for his son ---Requisite qualification for business---Landlord required the shops for his son who intended to open a drug store--Objection raised by the tenant was that the son of landlord did not possess any diploma or certificate regarding

2002 YLR 1940 PESHAWAR-HIGH-COURT

KPK · 2002

MUHAMMAD IQBAL KHAN VS SARDAR BACHA West Pakistan Urban Rent Restriction Ordinance 1959--15 , ----Ss. 13(3)(a)(ii), 13(4) & 15---Bona fide personal need of landlord for his son--Protection available to tenant---Landlord proved that shops in possession of tenant were required by hint for business of his son who was jobless---Both the Courts below had concurrently passed eviction order again

2002 CLC 1701 PESHAWAR-HIGH-COURT

KPK · 2002

AZIZ UR REHMAN VS Syed MUHAMMAD HASNAIN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 -----S.13(3)(a)---Constitution of Pakistan (1973), Art. 199--- Constitutional petition---Bona fide personal need of landlord for his son---Concurrent findings of fact by the Courts below- Ejectment application was filed by landlord on the gro

2002 CLC 1701 PESHAWAR-HIGH-COURT

KPK · 2002

AZIZ UR REHMAN VS Syed MUHAMMAD HASNAIN Constitution of Pakistan 1973--199 , -----S.13(3)(a)---Constitution of Pakistan (1973), Art. 199--- Constitutional petition---Bona fide personal need of landlord for his son---Concurrent findings of fact by the Courts below- Ejectment application was filed by landlord on the ground that the shop in question was required by his son for business---Son

2002 CLC 1527 PESHAWAR-HIGH-COURT

KPK · 2002

SHER AZAM VS PRINCE AMIN COLONY West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---eviction proceedings before Rent Controller --Nature--Recording of evidence---Principles---Such proceedings are not in stricto senso judicial that evidence should be recorded in the same manner as in a civil suit---Rent Controller being "

2002 CLC 1527 PESHAWAR-HIGH-COURT

KPK · 2002

MUHAMMAD IQBAL VS GHAUNSULLAH KHAN Constitution of Pakistan 1973--199 , ----S. 13---Constitution of Pakistan (1973), Art.199---Constitutional petition ---Ejectment of tenant---Concurrent findings of fact by the Courts below---Failure to produce evidence---Tenant did not comply with the order of the Rent Controller in furnishing the requisite affidavits despite passing of nine years of fili

2002 CLC 1523 PESHAWAR-HIGH-COURT

KPK · 2002

NASRULLAH JAN VS Mst. FARZANA BEGUM Constitution of Pakistan 1973--199 , ----S. 13---Constitution of Pakistan (1973) Art.199---Constitutional petition---Bona fide personal need of landlord---Concurrent findings of fact by the Courts below---Reappraisal of evidence by High Court in exercise : of Constitutional jurisdiction under Art. 199 of the Constitution---Validity---High Court does not

2002 CLC 1523 PESHAWAR-HIGH-COURT

KPK · 2002

NASRULLAH JAN VS Mst. FARZANA BEGUM West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---Constitution of Pakistan (1973) Art.199---Constitutional petition---Bona fide personal need of landlord---Concurrent findings of fact by the Courts below---Reappraisal of evidence by High Court in exercise : of Constitutional jurisdic

2002 CLC 1206 PESHAWAR-HIGH-COURT

KPK · 2002

ABDUL MAJEED VS IFTIKHAR AHMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---Civil Procedure Code (V of 1908), Preamble ---Ejectment proceedings---Provisions of Civil Procedure Code, 1908---Applicability-Though the provisions of C.P.C. are not entirely applicable to the proceedings under West Pakistan Urban Rent Re

2002 CLC 1206 PESHAWAR-HIGH-COURT

KPK · 2002

ABDUL MAJEED VS IFTIKHAR AHMAD Code of Civil Procedure 1908--PREAMBLE , ----S. 13---Civil Procedure Code (V of 1908), Preamble ---Ejectment proceedings---Provisions of Civil Procedure Code, 1908---Applicability-Though the provisions of C.P.C. are not entirely applicable to the proceedings under West Pakistan Urban Rent Restriction Ordinance, 1959, yet the Courts dealing with the eviction p

2002 CLC 307 PESHAWAR-HIGH-COURT

KPK · 2002

MST. MAJABEENA VS MUHAMMAD IBRAR Constitution of Pakistan 1973--199 , ----S. 13(2)(b)(vi)---Constitution of Pakistan (1973), Art. 199--Constitutional petition ---Ejectment of tenant---Plea of reconstruction--Concurrent findings of facts by the Courts below---Bona fides of landlord---Proposed construction was not located in the Khasra No. which was mentioned in the approved site plan of the

2002 CLC 307 PESHAWAR-HIGH-COURT

KPK · 2002

MST. MAJABEENA VS MUHAMMAD IBRAR West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13(2)(b)(vi)---Ejectment of tenant---Plea of reconstruction ---Preconditions--- Reasonableness and good faith are pre-conditions for eviction of tenant under the provisions of S.13(2)(b)(vi) of the West Pakistan Urban Rent Restriction Ordinan

2002 CLC 28 PESHAWAR-HIGH-COURT

KPK · 2002

AMIR NAWAZ VS MEMBER, BOARD OF REVENUE, N.-W. F. P., PESHAWAR N.-W.F.P. Tenancy Act 1950--49 , N.-W.F.P. Tenancy Act 1950 ----S. 49---Constitution of Pakistan (1973), Art.199---Constitutional petition ---Ejectment of tenant for default in payment of 'rent---" Defaulter" and "wilful defaulter"---Distinction---Plea raised by the tenant was that he was not a "wilful defaulter"---Validity---De

2002 CLC 28 PESHAWAR-HIGH-COURT

KPK · 2002

AMIR NAWAZ VS MEMBER, BOARD OF REVENUE, N.-W. F. P., PESHAWAR Constitution of Pakistan 1973--199 , ----S. 49---Constitution of Pakistan (1973), Art.199---Constitutional petition ---Ejectment of tenant for default in payment of 'rent---" Defaulter" and "wilful defaulter"---Distinction---Plea raised by the tenant was that he was not a "wilful defaulter"---Validity---Default in the rent was a

2002 PLD 355 LAHORE-HIGH-COURT-LAHORE

Punjab · 2002

Khawaja ANWAR HASSAN VS NAVEED AHMAD CHAUDHRY West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 13(6)---Recovery of arrears or future rent---Jurisdiction of Rent Controller under S.13(6) of the West Pakistan Urban Rent Restriction Ordinance, 1959---Tenant failed to deposit tentative rent, resultantly his defence was struck off

2002 CLC 1354 LAHORE-HIGH-COURT-LAHORE

Punjab · 2002

GULISTAN COLONY, MUSTAFA ABAD, LAHORE through President VS ADDITIONAL DISTRICT JUDGE WITH POWERS OF RENT CONTROLLER, LAHORE Constitution of Pakistan 1973--194 , ----S. 13(2)(i)---Constitution of Pakistan (1973), Art.194---Constitutional petition ---Ejectment of tenant---Default in monthly rent---Landlord demanded 100% increase in monthly rent and refused to accept the agreed enhancement in

2002 CLC 1971 KARACHI-HIGH-COURT-SINDH

Sindh · 2002

MAQSOOD AHMAD VS Shrimati BHAGWANI BAI Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Specific Relief Act 1877--42 , ----Ss. 8 & 42---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.30---Recovery of possession---Illegal possession---Statutory tenant, status of---Failure to seek declaration of title by plaintiff---Defendant resisted the suit o

2002 CLC 1971 KARACHI-HIGH-COURT-SINDH

Sindh · 2002

MAQSOOD AHMAD VS Shrimati BHAGWANI BAI Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Specific Relief Act 1877--42 , ----Ss. 8 & 42---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.30---Recovery of possession---Illegal possession---Statutory tenant, status of---Failure to seek declaration of title by plaintiff---Defendant resisted the suit o

2002 CLC 1971 KARACHI-HIGH-COURT-SINDH

Sindh · 2002

MAQSOOD AHMAD VS Shrimati BHAGWANI BAI Specific Relief Act 1877--8 , Specific Relief Act 1877 ----Ss. 8 & 42---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.30---Recovery of possession---Illegal possession---Statutory tenant, status of---Failure to seek declaration of title by plaintiff---Defendant resisted the suit on the ground that he had taken the suit sho

2002 CLC 1598 KARACHI-HIGH-COURT-SINDH

Sindh · 2002

Messrs INDUS MEDICAL STORE through duly Constituted Attorney VS MUHAMMAD SAEED ANSARI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15---Default in monthly rent---Proof---Landlord denied receipt of rent for the alleged default period---Landlord in his affidavit in evidence had reiterated the contents of application under S.15 of the Sindh Rented Prem

2002 MLD 808 KARACHI-HIGH-COURT-SINDH

Sindh · 2002

ANJUMAN FALAH WA BEHBUD VS FEDERATION OF PAKISTAN Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--4 , Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--5 , Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--1 , Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocu

2002 MLD 808 KARACHI-HIGH-COURT-SINDH

Sindh · 2002

ANJUMAN FALAH WA BEHBUD VS FEDERATION OF PAKISTAN Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--3 , Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965 ----Ss.3, 4 & 5---Sindh Katchi Abadis Act (II of 1987), S.19---Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2---Specific Relief Act (I of 1877), Ss.42 & 54---Suit for declar

2002 MLD 808 KARACHI-HIGH-COURT-SINDH

Sindh · 2002

ANJUMAN FALAH WA BEHBUD VS FEDERATION OF PAKISTAN Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--4 , Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--5 , Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--1 , Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocu

2002 MLD 808 KARACHI-HIGH-COURT-SINDH

Sindh · 2002

ANJUMAN FALAH WA BEHBUD VS FEDERATION OF PAKISTAN Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--4 , Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--5 , Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--1 , Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocu

2002 MLD 808 KARACHI-HIGH-COURT-SINDH

Sindh · 2002

ANJUMAN FALAH WA BEHBUD VS FEDERATION OF PAKISTAN Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--4 , Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--5 , Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--1 , Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocu

2002 CLC 884 KARACHI-HIGH-COURT-SINDH

Sindh · 2002

Master ABDUL MAJEED VS Haji MUHAMMAD BACHAL Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15---Ejectment of tenant---Default in monthly rent---Raising of new plea---Adjustment of property tax---Payment of the tax was never stated in the written statement and did not appear till the evidence of the landlord had been led---Tenant filed application for

2002 CLC 884 KARACHI-HIGH-COURT-SINDH

Sindh · 2002

Master ABDUL MAJEED VS Haji MUHAMMAD BACHAL Proceedings--TERM , ----S. 15-Civil Procedure Code (V of 1908), O.VI, R.17---eviction proceedings---Pleadings, amendment of---Application was filed by tenant to raise new plea in defence---Such amendment Was sought after the close of evidence of landlord---Validity---Amendment sought was an afterthought and amounted to change the entire pleadings

2002 CLC 884 KARACHI-HIGH-COURT-SINDH

Sindh · 2002

Master ABDUL MAJEED VS Haji MUHAMMAD BACHAL Ejectment of Tenant--TERM , ----S. 15---Ejectment of tenant---Default in monthly rent---Raising of new plea---Adjustment of property tax---Payment of the tax was never stated in the written statement and did not appear till the evidence of the landlord had been led---Tenant filed application for the amendment of pleadings wherein he wanted to int

2002 CLC 548 KARACHI-HIGH-COURT-SINDH

Sindh · 2002

SATTAR VS SENIOR CIVIL JUDGE Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , ----S. 15---Constitution of Pakistan (1973), Art. 199-Constitutional petition ---Ejectment of tenant ---Impleading of legal heirs of tenant as party to the eviction proceedings after death of the tenant---Contention of the legal heirs was that they had been impleade

2002 CLC 548 KARACHI-HIGH-COURT-SINDH

Sindh · 2002

SATTAR VS SENIOR CIVIL JUDGE Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , ----S. 15---Constitution of Pakistan (1973), Art. 199-Constitutional petition ---Ejectment of tenant ---Impleading of legal heirs of tenant as party to the eviction proceedings after death of the tenant---Contention of the legal heirs was that they had been impleade

2002 CLC 548 KARACHI-HIGH-COURT-SINDH

Sindh · 2002

SATTAR VS SENIOR CIVIL JUDGE Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , ----S. 15---Constitution of Pakistan (1973), Art. 199-Constitutional petition ---Ejectment of tenant ---Impleading of legal heirs of tenant as party to the eviction proceedings after death of the tenant---Contention of the legal heirs was that they had been impleade

2002 CLC 548 KARACHI-HIGH-COURT-SINDH

Sindh · 2002

SATTAR VS SENIOR CIVIL JUDGE Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15---Constitution of Pakistan (1973), Art. 199-Constitutional petition ---Ejectment of tenant ---Impleading of legal heirs of tenant as party to the eviction proceedings after death of the tenant---Contention of the legal heirs was that they had been impleaded in the proceedi

2002 CLC 78 KARACHI-HIGH-COURT-SINDH

Sindh · 2002

MESSRS SHERANI BROTHERS VS MST. SARWAT AKHTAR Cantonments Rent Restriction Act 1963--24 , ----Ss. 17 & 24---eviction of tenant---Denial of relationship of landlord and tenant---eviction application filed by landlady was resisted by appellant on the ground that he was looking after the premises as attorney of his principal, who after purchasing same from landlady through agreement to yell,

2002 CLC 78 KARACHI-HIGH-COURT-SINDH

Sindh · 2002

MESSRS SHERANI BROTHERS VS MST. SARWAT AKHTAR Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 ----Ss. 17 & 24---eviction of tenant---Denial of relationship of landlord and tenant---eviction application filed by landlady was resisted by appellant on the ground that he was looking after the premises as attorney of his principal, who after purchasing same fro

2002 PLD 108 KARACHI-HIGH-COURT-SINDH

Sindh · 2002

SYED AHMED TAIMOUR BUKHARI VS SHUJA-UR-REHMAN KHAN Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 ----S. 17---Bona fide personal need of landlord---Landlord had two wives and their children and the premises was required for accommodation of his first wife and her children---Such fact had been specifically averred in the pleadings---Landlord had stated the

2002 PTD 1687 BOMBAY-HIGH-COURT-INDIABookmark this Case

2002

COMMISSIONER OF INCOME-TAX VS Miss PIROJA C. PATEL Indian Income Tax Act 1961--48 , Indian Income Tax Act 1961--55 , ----Capital gains---Deductions---Cost of improvement---Property sold to Bombay Municipal Corporation---Compensation paid for eviction of hutment dwellers from land---Removal of hutment dwellers improved value of lands---Expenditure incurred for vacating land amounted to cost

2002 PTD 1687 BOMBAY-HIGH-COURT-INDIABookmark this Case

2002

COMMISSIONER OF INCOME-TAX VS Miss PIROJA C. PATEL Income Tax--TERM , Income Tax ----Capital gains---Deductions---Cost of improvement---Property sold to Bombay Municipal Corporation---Compensation paid for eviction of hutment dwellers from land---Removal of hutment dwellers improved value of lands---Expenditure incurred for vacating land amounted to cost of improvement under S.48(ii)---Exp

2001 SCMR 1450 SUPREME-COURT

Supreme Court · 2001

MUHAMMAD AMIN BHATTI THROUGH ATTORNEY VS TAHIR SHEIKHA Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15---Constitution of Pakistan (1973), Art. 185(3)---Default in monthly rent---Deposit of rent in miscellaneous rent case---Concurrent findings of fact by the Courts below---Rent Controller allowed eviction of tenant 'as he failed to pay the rent to th

2001 SCMR 1450 SUPREME-COURT

Supreme Court · 2001

MUHAMMAD AMIN BHATTI THROUGH ATTORNEY VS TAHIR SHEIKHA Constitution of Pakistan 1973--185 , ----S.15---Constitution of Pakistan (1973), Art. 185(3)---Default in monthly rent---Deposit of rent in miscellaneous rent case---Concurrent findings of fact by the Courts below---Rent Controller allowed eviction of tenant 'as he failed to pay the rent to the landlord---Order of Rent Controller was u

2001 SCMR 1432 SUPREME-COURT

Supreme Court · 2001

GOVERNMENT OF SINDH VS KHALIL-UR-REHMAN KHAN Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order 1983--9 , Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order 1983 ----Art. 9---Constitution of Pakistan 11973), Art.185(3)---Order passed by Ombudsman---Effect of---Authorities were directed by Provincial Ombudsman to pay rent to the respondent whose property was unde

2001 SCMR 1432 SUPREME-COURT

Supreme Court · 2001

GOVERNMENT OF SINDH VS KHALIL-UR-REHMAN KHAN Constitution of Pakistan 1973--185 , ----Art. 9---Constitution of Pakistan 11973), Art.185(3)---Order passed by Ombudsman---Effect of---Authorities were directed by Provincial Ombudsman to pay rent to the respondent whose property was under the use of the Authorities and failure would make the Authorities liable to be evicted---Such order of the

2001 SCMR 1301 SUPREME-COURT

Supreme Court · 2001

AYESHA BAI VS ZAHID HUSSAIN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15---Ejectment application---Maintainability---Mutation not recorded in favour of landlady---Effect---Where the tenant had admitted the applicant as his landlady, the premises not having been mutated in the name of the landlady could not be considered a ground to deny relief to

2001 SCMR 981 SUPREME-COURT

Supreme Court · 2001

HABIB BANK LIMITED VS ANIS AHMAD Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal need of landlord---Commercial premises---Leave to appeal was granted by Supreme Court to consider; whether ejectment application was competently filed; whether the issue of personal requirement for bon

2001 SCMR 981 SUPREME-COURT

Supreme Court · 2001

HABIB BANK LIMITED VS ANIS AHMAD Constitution of Pakistan 1973--185 , ---Art. 185---Appeal to Supreme Court---New plea---Plea not Taken before High Court cannot be allowed to be raised before Supreme Court.----S. 15---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal need of landlord---Commercial premises---Leave to appeal was granted by Supreme Court to consider; whether e

2001 SCMR 688 SUPREME-COURT

Supreme Court · 2001

AL-KARAM TRAVELS (PVT.) LTD VS EAST WEST INSURANCE CO.LTD Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal need of landlord---Failure to specify about space required by the landlord for its needs---eviction of large number of tenants---Effect---Leave to appeal was granted by Supreme

2001 SCMR 688 SUPREME-COURT

Supreme Court · 2001

AL-KARAM TRAVELS (PVT.) LTD VS EAST WEST INSURANCE CO.LTD Constitution of Pakistan 1973--185 , ----S. 15---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal need of landlord---Failure to specify about space required by the landlord for its needs---eviction of large number of tenants---Effect---Leave to appeal was granted by Supreme Court to consider that the landlord had fa

2001 PLD 31 SUPREME-COURT

Supreme Court · 2001

ABDUL RAUF VS SHEREEN HASSAN Constitution of Pakistan 1973--185 , S. 15(2)(vii)---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted by Supreme Court to examine; whether the word "children" in S.15(2)(vii) of Sindh Rented Premises Ordinance, 1979, included a married daughter and whether landlord seeking eviction of the tenant on the ground of personal requirement of

2001 PLD 31 SUPREME-COURT

Supreme Court · 2001

ABDUL RAUF VS SHEREEN HASSAN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15(2)(vii)---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted by Supreme Court to examine; whether the word "children" in S.15(2)(vii) of Sindh Rented Premises Ordinance, 1979, included a married daughter and whether landlord seeking eviction of the tenan

2001 SCMR 577 SUPREME-COURT

Supreme Court · 2001

HANIF VS AHMED SHAH 1969 SCMR 131, 1995 CLC 1269, PLD 1961 SC 28, PLD 1976 Lah. 1095, PLD 1976 Lah. 275, PLD 1978 SC 78, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13(2)(vi)---Ejectment of tenant---Requirement of the building for reconstruction---All that is needed under the law is that a landlord should reasonably

2001 SCMR 359 SUPREME-COURT

Supreme Court · 2001

NAQVI LAW ASSOCIATES VS ABDUL RAUF 1983 SCMR 1064, 1993 CLC 1693, 1995 CLC 446, 1995 SCMR 1407, 1999 MLD 1945, 2000 SCMR 845, PLD 1982 Kar. 188, PLD 1988 SC 734, Constitution of Pakistan 1973--185 , ----S. 15---Constitution of Pakistan (1973), Art. 185(3)---Default in payment of monthly rent---Subletting the premises by tenant---Concurrent findings of fact by the Courts below----Sublettin

2001 SCMR 140 SUPREME-COURT

Supreme Court · 2001

GHULAM SIDDIQUE VS NASRULLAH Constitution of Pakistan 1973--185 , ----Art. 7---Constitution of Pakistan (1973), Art.185(3)---Ejectment of tenant---Default in payment of monthly rent---Application of landlord was dismissed by Rent Controller but was allowed by High Court in exercise of revisional jurisdiction---Tenant failed to pay the monthly rent for a period over five years and he was no

2001 YLR 2451 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2001

GUL BARAN VS REHANA MUSHTAQ West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---Bona fide personal need of landlady---Personal requirement includes requirement of husband---Personal requirement is nut only limited to the landlady or her children but it also includes the dependants of the landlady/ landlord---No bar on th

2001 YLR 1979 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2001

ABDUL QADIR VS HAMAYUN JAFFAR West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S.13(3)(ii), proviso---Bona fide personal need of landlord-- Advance rent received by the landlord---Effect---Tenancy for specified period ---Effect---Contention of the tenants was that the landlords had received advance rent and till the time the

2001 YLR 1754 LAHORE-HIGH-COURT-LAHORE

Punjab · 2001

SHAHID ALI VS EJAZ-UR-REHMAN 1995 PCr.LJ 2016, 2001 PCr.LJ 60, PLD 1994 Kar. 384, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , ----S. 145---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Quashing of proceedings---Dispute as to immovable property---Respondent initially filed ejectment application against petitioners before Rent Controller---Re

2001 YLR 1754 LAHORE-HIGH-COURT-LAHORE

Punjab · 2001

SHAHID ALI VS EJAZ-UR-REHMAN 1995 PCr.LJ 2016, 2001 PCr.LJ 60, PLD 1994 Kar. 384, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , ----S. 145---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Quashing of proceedings---Dispute as to immovable property---Respondent initially filed ejectment application against petitioners before Rent Controller---Re

2001 YLR 939 LAHORE-HIGH-COURT-LAHORE

Punjab · 2001

MUHAMMAD AMJAD VS REHANA KAUSAR PLD 1991 SC 242, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S.13---Specific Relief Act (I of 1877), S.12---Ejectment of tenant---Agreement to sell ---Eeffect---Agreement to sell does not create any right, title or interest and suit for specific performance of agreement to sell cannot be

2001 YLR 939 LAHORE-HIGH-COURT-LAHORE

Punjab · 2001

MUHAMMAD AMJAD VS REHANA KAUSAR PLD 1991 SC 242, Specific Relief Act 1877--12 , ----S.13---Specific Relief Act (I of 1877), S.12---Ejectment of tenant---Agreement to sell ---Eeffect---Agreement to sell does not create any right, title or interest and suit for specific performance of agreement to sell cannot be a ground to avoid eviction of tenant by the Rent Controller.

2001 YLR 939 LAHORE-HIGH-COURT-LAHORE

Punjab · 2001

MUHAMMAD AMJAD VS REHANA KAUSAR 1987 MLD 3263, 1999 MLD 1342, PLD 1991 SC 242, West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , West Pakistan Urban Rent Restriction Ordinance 1959 ----Ss. 2(e)(i), 13 & 15(6)---Second appeal-- Landlord and tenant, relation of -- Determination---Pendency of suit for specific performance betwe

2001 YLR 939 LAHORE-HIGH-COURT-LAHORE

Punjab · 2001

MUHAMMAD AMJAD VS REHANA KAUSAR 1987 MLD 3263, 1999 MLD 1342, PLD 1991 SC 242, Second Appeal--TERM , ----Ss. 2(e)(i), 13 & 15(6)---Second appeal-- Landlord and tenant, relation of -- Determination---Pendency of suit for specific performance between the father of the tenant and landlady---Effect---Neither there was any lease agreement or rent note between the parties, nor tenant had ever p

2001 YLR 442 KARACHI-HIGH-COURT-SINDH

Sindh · 2001

VS 1992 CLC 2253, 1992 MLD 1014, 1997 CLC 216, 1997 MLD 3240, PLD 1993 Kar. 50, Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , ----Ss. 10 & 15---Ejectment of tenant--Default in monthly rent---Deposit of rent in Court instead of tendering the same directly to the landlord---Tenant was not given receipts of rent deposited with landlord, therefore, he started depositi

2001 YLR 442 KARACHI-HIGH-COURT-SINDH

Sindh · 2001

VS 1992 CLC 2253, 1992 MLD 1014, 1997 CLC 216, 1997 MLD 3240, PLD 1993 Kar. 50, Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , ----Ss. 10 & 15---Ejectment of tenant--Default in monthly rent---Deposit of rent in Court instead of tendering the same directly to the landlord---Tenant was not given receipts of rent deposited with landlord, therefore, he started depositi

2001 YLR 45 KARACHI-HIGH-COURT-SINDH

Sindh · 2001

SHAHZADI VS ALTAF ALI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15---Question of relationship of landlord and tenant ---Ejectment application was filed against brother of the tenant---Rent Controller-dismissed the application on the ground that the landlord had failed to prove the relationship of landlord and tenant between the parties---Validity

2000 SCMR 1257 SUPREME-COURT

Supreme Court · 2000

ALLAH DITTA VS SAID Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973 S.4---Constitution of Pakistan (1973), Art. 185(3)---Right of pre emption---Subsisting right---Trial Court dismissed suit filed by pre-emptor, whereas Lower Appellate Court decreed the same and second appeal was dismissed by High Court--- -Pre-emptor being a tenant was ordered to be ejected from the suit

2000 SCMR 1257 SUPREME-COURT

Supreme Court · 2000

ALLAH DITTA VS SAID Punjab Pre-Emption Act 1913--4 , Punjab Pre-Emption Act 1913 S.4---Constitution of Pakistan (1973), Art. 185(3)---Right of pre emption---Subsisting right---Trial Court dismissed suit filed by pre-emptor, whereas Lower Appellate Court decreed the same and second appeal was dismissed by High Court--- -Pre-emptor being a tenant was ordered to be ejected from the suit land

2000 SCMR 1080 SUPREME-COURT

Supreme Court · 2000

MUHAMMAD ISHAQ VS ABDUL GHANI Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 S.17---Ejectment of tenant was sought on the ground of reconstruction of the premises---Landlord had obtained the requisite sanction for reconstruction from.the Cantonment Board and approved site plan was on record---Tenant contested the application of landlord by submitting writ

2000 SCMR 907 SUPREME-COURT

Supreme Court · 2000

ABDUL HAQUE INDHAR VS PROVINCE OF SINDH General Clauses Act 1897--21 , Martial Law Order 1978 (Zone C) No. 60--ORDER , Ss.13 & 13-A---Privately-Managed Schools and Colleges (Taking Over) Regulations, 1972 (M.L.R. 118)---Tenant, a privately-managed school taken over by Government under the Regulation---Default in payment of rent--Landlord sought eviction of the tenants who were running a ta

2000 SCMR 907 SUPREME-COURT

Supreme Court · 2000

ABDUL HAQUE INDHAR VS PROVINCE OF SINDH General Clauses Act 1897--21 , Martial Law Order 1978 (Zone C) No. 60--ORDER , Ss.13 & 13-A---Privately-Managed Schools and Colleges (Taking Over) Regulations, 1972 (M.L.R. 118)---Tenant, a privately-managed school taken over by Government under the Regulation---Default in payment of rent--Landlord sought eviction of the tenants who were running a ta

2000 SCMR 893 SUPREME-COURT

Supreme Court · 2000

PROVINCE OF PUNJAB VS MUHAMMAD ILYAS 1989 SCMR 558, PLD 1988 SC 731, West Pakistan Urban Rent Restriction Ordinance 1959--13-A , Ss.13 & 13-A---Privately-Managed Schools and Colleges (Taking Over) Regulations, 1972 (M.L.R. 118)---Tenant, a privately-managed school taken over by Government under the Regulation---Default in payment of rent--Landlord sought eviction of the tenants who were r

2000 SCMR 893 SUPREME-COURT

Supreme Court · 2000

PROVINCE OF PUNJAB VS MUHAMMAD ILYAS 1989 SCMR 558, PLD 1988 SC 731, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 Ss.13 & 13-A---Privately-Managed Schools and Colleges (Taking Over) Regulations, 1972 (M.L.R. 118)---Tenant, a privately-managed school taken over by Government under the Regulation---Default in payment of rent--

2000 SCMR 238 SUPREME-COURT

Supreme Court · 2000

MUHAMMAD ASHRAF VS DISTRICT MAGISTRATE QUETTA 1985 SCMR 359, 1996 SCMR 710, Registration of Printing Press and Publications Ordinance 1990--12 , Registration of Printing Press and Publications Ordinance 1990 Ss. 42 & 54---Constitution of Pakistan (1973), Arts. 185(3) & 199---Suit for declaration and permanent injunction--.-Petitioner apprehending eviction from plot of land in dispute, had

2000 SCMR 238 SUPREME-COURT

Supreme Court · 2000

MUHAMMAD ASHRAF VS DISTRICT MAGISTRATE QUETTA 1985 SCMR 359, 1996 SCMR 710, Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973--199 , Registration of Printing Press and Publications Ordinance 1990--24 , Ss. 42 & 54---Constitution of Pakistan (1973), Arts. 185(3) & 199---Suit for declaration and permanent injunction--.-Petitioner apprehending eviction from plot of land in d

2000 SCMR 238 SUPREME-COURT

Supreme Court · 2000

MUHAMMAD ASHRAF VS DISTRICT MAGISTRATE QUETTA 1985 SCMR 359, 1996 SCMR 710, Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973--199 , Registration of Printing Press and Publications Ordinance 1990--24 , Ss. 42 & 54---Constitution of Pakistan (1973), Arts. 185(3) & 199---Suit for declaration and permanent injunction--.-Petitioner apprehending eviction from plot of land in d

2000 PLD 787 SUPREME-COURT

Supreme Court · 2000

ABDULLAH JAN VS ANWAR KHAN Constitution of Pakistan 1973--185 , Bona fide personal need of landlord??Leave to appeal was granted by Supreme Court to consider the question that all the co?owners, being landlords, whether one of them could file eviction application for his own personal need or not

2000 PLD 787 SUPREME-COURT

Supreme Court · 2000

ABDULLAH JAN VS ANWAR KHAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--14 , West Pakistan Urban Rent Restriction Ordinance 1959 Ss. 14 & 13---Application for ejectment of tenant---Earlier application for ejectment-of tenant on the ground of bona fide personal need of landlord was filed by one of the co-owners which was deci

2000 PLD 67 SUPREME-COURT

Supreme Court · 2000

ALTAF HUSSAIN VS NUZHAT-UN-NISA West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13(3)---Bona fide personal need of landlord---Proof and effect---Mere demand for enhancement of rent and previous ejectment application would not detract from the veracity of an eviction petition based on personal need of landlord if the same

2000 SCMR 1622 SUPREME-COURT

Supreme Court · 2000

AL-KARAM TRAVELS (PRIVATE) LTD. VS EAST WEST INSURANCE COMPANY LTD. Constitution of Pakistan 1973--185 , S. 13---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal need of landlord---Commercial building occupied by 36 tenants---Rent Controller ordered ejectment of such 36 tenants on the ground of bona fide need of landlord---Validity---Leave to appeal was granted by Supreme

2000 SCMR 1622 SUPREME-COURT

Supreme Court · 2000

AL-KARAM TRAVELS (PRIVATE) LTD. VS EAST WEST INSURANCE COMPANY LTD. Sindh Rented Premises Ordinance 1979--13 , Sindh Rented Premises Ordinance 1979 S. 13---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal need of landlord---Commercial building occupied by 36 tenants---Rent Controller ordered ejectment of such 36 tenants on the ground of bona fide need of landlord---Validit

2000 SCMR 1292 SUPREME-COURT

Supreme Court · 2000

AKHTAR QURESHI VS NISAR AHMAD Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15(2)(vii)---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal need of landlady---Leave to appeal was granted by Supreme Court to consider as to whether the fact that the landlady, who was grown up and unmarried, desired after her marriage to live independently,

2000 SCMR 1292 SUPREME-COURT

Supreme Court · 2000

AKHTAR QURESHI VS NISAR AHMAD Constitution of Pakistan 1973--185 , S. 15(2)(vii)---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal need of landlady---Leave to appeal was granted by Supreme Court to consider as to whether the fact that the landlady, who was grown up and unmarried, desired after her marriage to live independently, was not enough of a reason to spell out a b

2000 MLD 2007 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2000

ABDUL AZIZULLAH VS ANJUMAN ASNA ASHRIA AND HELIYAN-E-NAH DAGH (REGD.) West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---Societies Registration Act (XXI of 1860), S.6---Ejectment proceedings---Maintainability---Premises was under the control of a registered society---No resolution was passed by the society authorizing t

2000 MLD 2007 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2000

ABDUL AZIZULLAH VS ANJUMAN ASNA ASHRIA AND HELIYAN-E-NAH DAGH (REGD.) Societies Registration Act 1860--6 , ----S. 13---Societies Registration Act (XXI of 1860), S.6---Ejectment proceedings---Maintainability---Premises was under the control of a registered society---No resolution was passed by the society authorizing the President of the Society to file the eviction application---Contention

2000 MLD 2007 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2000

ABDUL AZIZULLAH VS ANJUMAN ASNA ASHRIA AND HELIYAN-E-NAH DAGH (REGD.) Code of Civil Procedure 1908--PREAMBLE , ----S. 13---Civil Procedure Code (V of 1908), O.VI, R.7 --- Ejectment proceedings---Principle of pleadings as stated in O.VI, R.7, C.P.C.--Applicability---Case set up in pleadings---Onus to prove---Landlord producing evidence contrary to the ground mentioned in his ejectment appli

2000 MLD 87 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2000

Dr. ARBAB ALI AHMAD VS SARWAR KHAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---Bona fide personal need of landlord---Son of landlord passed Matriculation Examination and had no interest to study further and wanted to do business in the premises---Son of landlord had taken admission in F.Sc. Premedical---Fact that

2000 CLC 2010 LAHORE-HIGH-COURT-LAHORE

Punjab · 2000

MUHAMMAD ASIF VS INAYAT BEGUM West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13(3)(4)---Bona fide personal need of landlord---Landlord for seeking ejectment of tenant on ground of personal bona fide need, had to appear and make statement as to his personal need and if his statement was not contradicted or shaken in cross

2000 YLR 18 LAHORE-HIGH-COURT-LAHORE

Punjab · 2000

ABDUL WAHEED VS MUHAMMAD ANWAR KHAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S.13---Bona fide personal need of landlord---More than one non-residential properties owned by landlord ---Effect--Where all of such properties were rented out, the choice was with the landlord to seek eviction of tenant froth any of such pro

2000 MLD 1858 LAHORE-HIGH-COURT-LAHORE

Punjab · 2000

MUHAMMAD AFZAL VS MUHAMMAD TUFAIL West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S.13(3)(a)(ii)---Bona fide personal need of landlord ---Personal need of landlord includes his needs for maintaining and supporting his dependants--Landlord cannot set up the personal need of his father, brother or any other near relatives for

2000 MLD 294 LAHORE-HIGH-COURT-LAHORE

Punjab · 2000

SHAFIA SALMA VS TAJUL MALOOK, DEPUTY COMMISSIONER, SHEIKHUPURA Constitution of Pakistan 1973--199 , Constitution of Pakistan 1973 ----Art. 199---Constitutional petition---eviction from official residence--Petitioner, a Government employee, was allotted an official residence where she was living with her family---Deputy Commissioner cancelled such allotment of the petitioner just to accommo

2000 CLC 506 LAHORE-HIGH-COURT-LAHORE

Punjab · 2000

PAKISTAN STATE OIL COMPANY LIMITED VS BEGUM REHANA SARWAR West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 15(6) [as inserted by Punjab Urban Rent Restriction (Amendment) Act (III of 1991)]---Second appeal---Maintainability---Right of second appeal under S.15(6), West Pakistan Urban Rent Restriction Ordinance, 1959 has been ex

2000 YLR 637 KARACHI-HIGH-COURT-SINDH

Sindh · 2000

MUHAMMAD HASSAN VS DHARAMDAS Civil Procedure Code --Order XLI of C.P.C. Appeals from Original Decrees--22 , Civil Procedure Code --Order XLI of C.P.C. Appeals from Original Decrees ----O.XLI, R.22 & S.115---Failure to file cross-objections in appeal---Judgment of Trial Court was against both the parties and none of the parties was able to prove its title---Plaintiffs filed appeal and the s

2000 CLC 1546 KARACHI-HIGH-COURT-SINDH

Sindh · 2000

MUHAMMAD YAQOOB VS MOHSIN Specific Relief Act 1877--12 , Specific Relief Act 1877 ----S. 12---Civil Procedure Code (V of 1908), O.XXXIX, Rr.l & 2---Sindh Rented Premises Ordinance (XVII of 1979), S.12---Interim injunction, grant of---Suit for specific performance of agreement to sell--=Order of ejectment of plaintiff from the suit property was passed by Rent Controller--Contention by plain

2000 MLD 442 KARACHI-HIGH-COURT-SINDH

Sindh · 2000

NAEEM AHMED VS MARIAM 1988 SCMR 689, Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15(2)(iv)---Impairing of utility and material value of premises by tenant---Alterations and additions themselves, unless were in violation of the agreement, were not a ground for eviction of the tenant---Tenant could be evicted if his act impaired the material value a

2000 CLC 997 KARACHI-HIGH-COURT-SINDH

Sindh · 2000

SULTANA JAFERY VS MUHAMMAD ALI ABIDI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15---Bona fide personal need of landlord---Application filed by landlords was resisted by tenant on the ground that the need of the landlords was not bona fide and rent of the premises was enhanced one month prior to the filing of ejectment application---Validity---St

2000 CLC 764 KARACHI-HIGH-COURT-SINDH

Sindh · 2000

GHULAM MUHAMMAD KHAN VS MUHAMMAD KHALID Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 Ss. 15 & 21---Ejectment of tenant---Bona fide personal need of landlord---Landlord filed affidavit of his. son to prove his plea of personal bona fide use and such statement was a false statement on oath---Dishonesty of the landlord and unreasonableness of purpose were ma

2000 CLC 764 KARACHI-HIGH-COURT-SINDH

Sindh · 2000

GHULAM MUHAMMAD KHAN VS MUHAMMAD KHALID Sindh Rented Premises Ordinance 1979--21 , Ss. 15 & 21---Ejectment of tenant---Bona fide personal need of landlord---Landlord filed affidavit of his. son to prove his plea of personal bona fide use and such statement was a false statement on oath---Dishonesty of the landlord and unreasonableness of purpose were manifestly visualized from the facts---

1999 SCMR 348 SUPREME-COURT

Supreme Court · 1999

ABDUL GHANI VS ABRAR HUSSAIN 1981 SCMR 193, 1983 SCMR 302, 1996 MLD 391, PLD 1971 Lah. 104, PLD 1973 SC 214, West Pakistan Urban Rent Restriction Ordinance 1959--13 , S.13---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13--eviction of tenant---Co-owner can file ejectment proceedings against a tenant without impleading his other co-owners.

1999 SCMR 54 SUPREME-COURT

Supreme Court · 1999

ORGANON PAKISTAN (PVT.) LTD. VS RAFAT ALI KHAN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15(2)(iv) --- Constitution of Pakistan (1973), Art. 185(3)---Impairing material value or utility of premises --- Nature --- Principles --- eviction of tenant was ordered on the ground that he had committed such acts which were likely to or had actually impaired

1999 SCMR 54 SUPREME-COURT

Supreme Court · 1999

ORGANON PAKISTAN (PVT.) LTD. VS RAFAT ALI KHAN Constitution of Pakistan 1973--185 , S. 15(2)(iv) --- Constitution of Pakistan (1973), Art. 185(3)---Impairing material value or utility of premises --- Nature --- Principles --- eviction of tenant was ordered on the ground that he had committed such acts which were likely to or had actually impaired material value or utility of premises --- V

1999 SCMR 20 SUPREME-COURT

Supreme Court · 1999

JAFFAR SHAH VS MIAN YAHYA SHAH Cantonments Rent Restriction Act 1963--PREAMBLE , Cantonments Rent Restriction Act 1963 --- Object of enactment of the Act --- Landlord and tenant --- Act protects tenants against eviction and enhancement of rent thereby curtails the plenary power of the landlord to deal with his property and tenant thereof--Promptness of payment of rent with option to deposi

1999 SCMR 20 SUPREME-COURT

Supreme Court · 1999

JAFFAR SHAH VS MIAN YAHYA SHAH Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 S. 17 --- Ejectment of tenant on grounds of default in payment of rent and subletting without tacit or implied consent of landlord --- Order of ejectment was maintained by High Court --- Validity --- Non-appearance of landlord as witness in support of his pleas of default in pay

1999 SCMR 13 SUPREME-COURT

Supreme Court · 1999

JAWAID IQBAL VS MUHAMMAD ARIF PLD 1997 SC 426, Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--4 , Sindh Rented Premises Ordinance 1979--5 , Sindh Rented Premises Ordinance 1979 Ss. 4(2), 5 (2) & 15 ---- Constitution of Pakistan (1973), Art. 185 (3)--Ejectment of tenant --- Order of ejectment by Rent Controller was maintained by High Court --- Only questio

1999 SCMR 13 SUPREME-COURT

Supreme Court · 1999

JAWAID IQBAL VS MUHAMMAD ARIF PLD 1997 SC 426, Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--4 , Sindh Rented Premises Ordinance 1979--5 , Sindh Rented Premises Ordinance 1979 Ss. 4(2), 5 (2) & 15 ---- Constitution of Pakistan (1973), Art. 185 (3)--Ejectment of tenant --- Order of ejectment by Rent Controller was maintained by High Court --- Only questio

1999 SCMR 13 SUPREME-COURT

Supreme Court · 1999

JAWAID IQBAL VS MUHAMMAD ARIF PLD 1997 SC 426, Constitution of Pakistan 1973--185 , Ss. 4(2), 5 (2) & 15 ---- Constitution of Pakistan (1973), Art. 185 (3)--Ejectment of tenant --- Order of ejectment by Rent Controller was maintained by High Court --- Only question urged before High Court was that Rent Controller, who decided ejectment application was not qualified to be appointed as such

1999 SCMR 2795 SUPREME-COURT

Supreme Court · 1999

CHIEF ADMINISTRATOR AUQAF VS MUHAMMAD SHARIF 1979 CLC 551, 1990 CLC 821, Civil Procedure Code --Order XXIX of C.P.C. Suits by or Against Corporations--1 , Civil Procedure Code --Order XXIX of C.P.C. Suits by or Against Corporations--2 , Ss. 21 , 8 & 9---Civil Procedure Code (V of 1908) O.XXIX, Rr. 1 & 2--eviction of person wrongfully in possession of Waqf property---Termination of lease--

1999 SCMR 2795 SUPREME-COURT

Supreme Court · 1999

CHIEF ADMINISTRATOR AUQAF VS MUHAMMAD SHARIF 1979 CLC 551, 1990 CLC 821, Punjab Waqf Properties Ordinance 1979--21 , Punjab Waqf Properties Ordinance 1979--8 , Punjab Waqf Properties Ordinance 1979--9 , Punjab Waqf Properties Ordinance 1979 Ss. 21 , 8 & 9---Civil Procedure Code (V of 1908) O.XXIX, Rr. 1 & 2--eviction of person wrongfully in possession of Waqf property---Termination of lea

1999 SCMR 2795 SUPREME-COURT

Supreme Court · 1999

CHIEF ADMINISTRATOR AUQAF VS MUHAMMAD SHARIF 1979 CLC 551, 1990 CLC 821, Civil Procedure Code --Order XXIX of C.P.C. Suits by or Against Corporations--1 , Civil Procedure Code --Order XXIX of C.P.C. Suits by or Against Corporations--2 , Ss. 21 , 8 & 9---Civil Procedure Code (V of 1908) O.XXIX, Rr. 1 & 2--eviction of person wrongfully in possession of Waqf property---Termination of lease--

1999 SCMR 2234 SUPREME-COURT

Supreme Court · 1999

MUHAMMAD USMAN VS MUHAMMAD HANIF Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979 S. 16---Order of ejectment on. ground of default in payment of electricity charges to electric supply company by tenant---Rent Controller gave tentative direction to the tenant to deposit arrears of electricity charges ---Validity--Tenant had challenged the authenticity of relev

1999 CLC 400 PESHAWAR-HIGH-COURT

KPK · 1999

SALEEM-UR-REHMAN VS N.-W.F.P. Civil Procedure Code --Order XXVI of C.P.C. Commissions (Commissions to Examine Witnesses)--9 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13 & 15(5)---Civil Procedure Code (V o; 1908), O,XXVI, R.9--- Approbate and reprobate---eviction petition ---Tenant in his written statement had claimed superstructure or rented shop was owned by him---Te

1999 CLC 400 PESHAWAR-HIGH-COURT

KPK · 1999

SALEEM-UR-REHMAN VS N.-W.F.P. Civil Procedure Code --Order XXVI of C.P.C. Commissions (Commissions to Examine Witnesses)--9 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13 & 15(5)---Civil Procedure Code (V o; 1908), O,XXVI, R.9--- Approbate and reprobate---eviction petition ---Tenant in his written statement had claimed superstructure or rented shop was owned by him---Te

1999 YLR 850 LAHORE-HIGH-COURT-LAHORE

Punjab · 1999

TANVEER ZIA VS MUHAMMAD BASHIR West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13(6)---Ejectment of tenant---Defence, striking off---Appellants/tenants did not raise any objection for more than three and half years against the order fixing the tentative rent and in fact started complying with the same, but deficiency in t

1999 YLR 482 LAHORE-HIGH-COURT-LAHORE

Punjab · 1999

SULTAN MUMBRAIZ VS ABDUL AZIZ West Pakistan Land Revenue Act 1967--117 , West Pakistan Land Revenue Act 1967--122 , West Pakistan Land Revenue Rules 1968--RULE , ----Ss.67(A), 117, 122 & 172---West Pakistan Land Revenue Rules, 1968, R.67-B---eviction of encroaches---Procedure---Civil Courts, jurisdiction of --Demarcation proceedings are to be carried out under S.117 read with S.67-A of Wes

1999 YLR 482 LAHORE-HIGH-COURT-LAHORE

Punjab · 1999

SULTAN MUMBRAIZ VS ABDUL AZIZ West Pakistan Land Revenue Act 1967--117 , West Pakistan Land Revenue Act 1967--122 , West Pakistan Land Revenue Rules 1968--RULE , ----Ss.67(A), 117, 122 & 172---West Pakistan Land Revenue Rules, 1968, R.67-B---eviction of encroaches---Procedure---Civil Courts, jurisdiction of --Demarcation proceedings are to be carried out under S.117 read with S.67-A of Wes

1999 YLR 482 LAHORE-HIGH-COURT-LAHORE

Punjab · 1999

SULTAN MUMBRAIZ VS ABDUL AZIZ Code of Civil Procedure 1908--115 , ----S.8---West Pakistan Land Revenue Act (XVII of 1967), S.172---Civil Procedure Code (V of 1908), S.115---Suit for possession of land---Civil Courts, jurisdiction of--Respondent/plaintiff filed suit on the basis of demarcation proceedings carried out by the Revenue Authorities for recovery of encroached land---Maintainabili

1999 YLR 482 LAHORE-HIGH-COURT-LAHORE

Punjab · 1999

SULTAN MUMBRAIZ VS ABDUL AZIZ West Pakistan Land Revenue Act 1967--67 , West Pakistan Land Revenue Act 1967 ----Ss.67(A), 117, 122 & 172---West Pakistan Land Revenue Rules, 1968, R.67-B---eviction of encroaches---Procedure---Civil Courts, jurisdiction of --Demarcation proceedings are to be carried out under S.117 read with S.67-A of West Pakistan Land Revenue Act, 1967 and as a result of s

1999 YLR 482 LAHORE-HIGH-COURT-LAHORE

Punjab · 1999

SULTAN MUMBRAIZ VS ABDUL AZIZ Specific Relief Act 1877--8 , Specific Relief Act 1877 ----S.8---West Pakistan Land Revenue Act (XVII of 1967), S.172---Civil Procedure Code (V of 1908), S.115---Suit for possession of land---Civil Courts, jurisdiction of--Respondent/plaintiff filed suit on the basis of demarcation proceedings carried out by the Revenue Authorities for recovery of encroached l

1999 CLC 181 LAHORE-HIGH-COURT-LAHORE

Punjab · 1999

MADRASSA DAR-UL-ALOOM, BAQIAT-US-SALIHAT VS ADDITIONAL DISTRICT AND SESSIONS JUDGE, LAHORE Contract Act 1872--2 , ----S. 2(l)(d)---Contract Act (IX of 1872), S.2(h)---Agreement of transfer relating to evacuee trust property---Character of property notwithstanding, such agreement would not change and the same would remain evacuee trust property---Transfer of such property would essentially

1999 CLC 181 LAHORE-HIGH-COURT-LAHORE

Punjab · 1999

MADRASSA DAR-UL-ALOOM, BAQIAT-US-SALIHAT VS ADDITIONAL DISTRICT AND SESSIONS JUDGE, LAHORE Evacuee Trust Properties (Management and Disposal) Act 1975--2 , Evacuee Trust Properties (Management and Disposal) Act 1975 ----S. 2(l)(d)---Contract Act (IX of 1872), S.2(h)---Agreement of transfer relating to evacuee trust property---Character of property notwithstanding, such agreement would not

1999 CLC 74 LAHORE-HIGH-COURT-LAHORE

Punjab · 1999

MUHAMMAD SALEEM SAFDAR VS KHURSHID AHMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---Ejectment of tenant---Relationship of landlord and tenant between parties was denied by tenants who claimed ownership of property in question--Rent Controller ordeied ejectment of petitioners mainly on the ground that rent note h

1999 YLR 1287 KARACHI-HIGH-COURT-SINDH

Sindh · 1999

MUHAMMAD NASEEM VS MUSLIM COMMERCIAL BANK LTD. Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----Ss. 15 & 22---Limitation Act (IX of 1908), Art.181--Execution application--Limitation--Ejectment application filed by the respondent/ landlord was allowed by Rent Controller and the Appellant/tenant was ordered to hand over the vacant possession---Execution app

1999 YLR 1287 KARACHI-HIGH-COURT-SINDH

Sindh · 1999

MUHAMMAD NASEEM VS MUSLIM COMMERCIAL BANK LTD. Limitation Act 1908--SCHI, 181 , Sindh Rented Premises Ordinance 1979--22 , ----Ss. 15 & 22---Limitation Act (IX of 1908), Art.181--Execution application--Limitation--Ejectment application filed by the respondent/ landlord was allowed by Rent Controller and the Appellant/tenant was ordered to hand over the vacant possession---Execution applica

1999 YLR 1287 KARACHI-HIGH-COURT-SINDH

Sindh · 1999

MUHAMMAD NASEEM VS MUSLIM COMMERCIAL BANK LTD. Limitation Act 1908--SCHI, 181 , Sindh Rented Premises Ordinance 1979--22 , ----Ss. 15 & 22---Limitation Act (IX of 1908), Art.181--Execution application--Limitation--Ejectment application filed by the respondent/ landlord was allowed by Rent Controller and the Appellant/tenant was ordered to hand over the vacant possession---Execution applica

1999 YLR 877 KARACHI-HIGH-COURT-SINDH

Sindh · 1999

QAYAMUDDIN VS GUL-E-RANA Sindh Rented Premises Ordinance 1979--21 , ----Ss. 15 & 21---Ejectment of tenant--Default by tenant during the period of previous landlord---No authority or specific assignment was available in favour of subsequent owner to recover arrears of rent and to pursue cause for eviction of the tenant on the ground of such default---Rent Controller ordered for the eviction

1999 YLR 825 KARACHI-HIGH-COURT-SINDH

Sindh · 1999

PAKISTAN STATE OIL COMPANY LIMITED VS KHALIQ RAZA KHAN Sindh Rented Premises Ordinance 1979--21 , ----Ss. 15 & 21---Default in payment of rent---Agreement between landlord and tenant---Effect---Tenant was ordered by the Rent Controller to vacate the premises on the basis of wilful default in payment of monthly rent---Validity---Tenant was liable to pay rent to the landlord in the manner in

1999 YLR 825 KARACHI-HIGH-COURT-SINDH

Sindh · 1999

PAKISTAN STATE OIL COMPANY LIMITED VS KHALIQ RAZA KHAN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----Ss. 15 & 21---Default in payment of rent---Agreement between landlord and tenant---Effect---Tenant was ordered by the Rent Controller to vacate the premises on the basis of wilful default in payment of monthly rent---Validity---Tenant was liable to pay

1999 CLC 2012 KARACHI-HIGH-COURT-SINDH

Sindh · 1999

OOSMAN BROTHERS VS MUHAMMAD ASLAM Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15---Bona fide personal need of landlord---Landlord had specifically raised plea in his application for ejectment that he needed premises in question for setting up his own business and that the same was suitable for business he intended to carry therein---Landlord's further

1999 CLC 1220 KARACHI-HIGH-COURT-SINDH

Sindh · 1999

IQBAL BEGUM VS SULTAN AHMED Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15---Bona fide personal need of landlady---Death of landlady pending proceedings---Effect---Bona fide personal need of landlady ended/abated with death, but where eviction was sought for the requirement of children of such deceased landlady, her death would not affect the children

1999 MLD 3331 KARACHI-HIGH-COURT-SINDH

Sindh · 1999

ABDUL JILLANI VS JEENAT BI 1987 SCMR 2051, 1989 SCMR 130, 1991 C L C 1137, 1991 M L D 732, 1992 C L C 1753, 1992 SCMR 1152, 1992 SCMR 1330, 1993 C L C 1350, 1993 SCMR 67, 1996 SCMR 1178, PLD 1993 Kar. 491, West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 15---Bona fide personal need of landlord---Partition through family

1999 MLD 3269 KARACHI-HIGH-COURT-SINDH

Sindh · 1999

NOMAN ANSARI VS MUKHTAR BEGUM 1988 C L C 648, 1996 SCMR 1178, 1996 SCMR 19, 1996 SCMR 97, Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 ----S. 17---Bona fide personal need of landlady---eviction application of landlady was decided by the Rent Controller, against tenant, only on the ground of her bona fide personal need---One of the sons of landlady was

1999 MLD 3178 KARACHI-HIGH-COURT-SINDH

Sindh · 1999

MUZAFFAR ALEEM VS IQBAL AHMED Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15---eviction application---Maintainability---Tenancy agreement was admitted by parties and was acted upon---Effect---Parties were estopped from raising objections as to legality of agreement.

1999 MLD 3178 KARACHI-HIGH-COURT-SINDH

Sindh · 1999

MUZAFFAR ALEEM VS IQBAL AHMED Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 ----S. 21---Appeal---Bona fide personal need of landlord---Landlord had grown up college/school-going children ---One of the daughters of landlord was a handicapped girl and old father was also residing with him---Landlord had no other property in his name---Rent Controller had rig

1999 CLC 1102 KARACHI-HIGH-COURT-SINDH

Sindh · 1999

S. MUHAMMAD SADDIQ & COMPANY VS DAWATE-HADIYA AKBAR ALI HASSAN ALI TRUST, RAWALPINDIWALA BUILDING Code of Civil Procedure 1908--11 , S. 15---Civil Procedure Code (V of 1908), S.11---Bona fide personal need of landlord---Principle of res judicata---Applicability---Where some earlier case against the tenant was filed on the same ground, there could not be a bar for seeking eviction on the sa

1999 CLC 1102 KARACHI-HIGH-COURT-SINDH

Sindh · 1999

S. MUHAMMAD SADDIQ & COMPANY VS DAWATE-HADIYA AKBAR ALI HASSAN ALI TRUST, RAWALPINDIWALA BUILDING Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15---Bona fide personal need of landlord---Evidence on record had proved that landlord had not sought eviction of the tenant from the demised premises for a wish or on whim---Cogent reason was given and good fai

1999 MLD 2989 KARACHI-HIGH-COURT-SINDH

Sindh · 1999

ABDUL HAMEED VS BOO ALI SHAH ZAIDI Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 ---Ss. 15(2)(vii) & 21---Bona fide personal need of landlord---Landlord applied to the Rent Controller for eviction of tenant on the sole ground of need for his son---Rent Controller accepted application and ordered tenant to vacate premises---Witnesses of tenant had unequivoc

1999 MLD 2592 KARACHI-HIGH-COURT-SINDH

Sindh · 1999

MUHAMMAD SADIQ VS ABDUL RAUF 1989 CLC 1401, PLD 1982 Lah. 295, Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 ----S. 17---Landlord seeking eviction on ground of reconstruction--Requirement ---Landlord has to prove only that he needs the site for construction and necessary sanction has been obtained.

1999 MLD 1945 KARACHI-HIGH-COURT-SINDH

Sindh · 1999

MUHAMMAD SAEED VS AKHTAR AHMED 1991 SCMR 224, 1992 SCMR 1170, Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--18 , Sindh Rented Premises Ordinance 1979 ----Ss.15 & 18---Relationship of landlord and tenant---Appellant/tenant was put into possession of the disputed shop by father of respondents---After the death of father, lease of the property was granted i

1999 MLD 1945 KARACHI-HIGH-COURT-SINDH

Sindh · 1999

MUHAMMAD SAEED VS AKHTAR AHMED 1991 SCMR 224, 1992 SCMR 1170, Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--18 , Sindh Rented Premises Ordinance 1979 ----Ss.15 & 18---Relationship of landlord and tenant---Appellant/tenant was put into possession of the disputed shop by father of respondents---After the death of father, lease of the property was granted i

1999 MLD 1413 KARACHI-HIGH-COURT-SINDH

Sindh · 1999

SHAHNAZ JUMANI VS NAHEED ZIA 1974 SCMR 519, 1985 CLC 2309, 1986 CLC 2923, PLD 1963 Kar. 213, PLD 1988 SC 190, Specific Relief Act 1877--42 , Specific Relief Act 1877--54 , Specific Relief Act 1877--56 , Specific Relief Act 1877--9 , Specific Relief Act 1877 ----Ss. 42, 56, 54 & 9---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2---Sindh Rented Premises Ordinance (XVII of 1979), S. 1

1999 MLD 1413 KARACHI-HIGH-COURT-SINDH

Sindh · 1999

SHAHNAZ JUMANI VS NAHEED ZIA 1974 SCMR 519, 1985 CLC 2309, 1986 CLC 2923, PLD 1963 Kar. 213, PLD 1988 SC 190, Sindh Rented Premises Ordinance 1979--15 , ----Ss. 42, 56, 54 & 9---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2---Sindh Rented Premises Ordinance (XVII of 1979), S. 15---Temporary injunction, grant of---Entitlement---Relationship of parties after expiry of lease---Mode o

1999 MLD 1413 KARACHI-HIGH-COURT-SINDH

Sindh · 1999

SHAHNAZ JUMANI VS NAHEED ZIA 1974 SCMR 519, 1985 CLC 2309, 1986 CLC 2923, PLD 1963 Kar. 213, PLD 1988 SC 190, Specific Relief Act 1877--42 , Specific Relief Act 1877--54 , Specific Relief Act 1877--56 , Specific Relief Act 1877--9 , Specific Relief Act 1877 ----Ss. 42, 56, 54 & 9---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2---Sindh Rented Premises Ordinance (XVII of 1979), S. 1

1999 MLD 1413 KARACHI-HIGH-COURT-SINDH

Sindh · 1999

SHAHNAZ JUMANI VS NAHEED ZIA 1974 SCMR 519, 1985 CLC 2309, 1986 CLC 2923, PLD 1963 Kar. 213, PLD 1988 SC 190, Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--1 , Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--2 , Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Or

1999 MLD 663 KARACHI-HIGH-COURT-SINDH

Sindh · 1999

ATTA-UL-HAQ VS MIRAT-UR-RUQAYYA 1985 CLC 2632, 1986 MLD 227, 1986 MLD 917, 1987 MLD 1412, 1988 CLC 667, 1992 CLC 482, 1993 CLC 1978, Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15(2)---Subletting---eviction---No word about the presence or possession of sub-lettee was found in written statement or affidavit in evidence of appellant---Ejectment- ord

1999 CLC 505 KARACHI-HIGH-COURT-SINDH

Sindh · 1999

MUHAMMAD SHAFI VS QUDDSIA MUZAFFAR Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15(2)(vii) & 21---Bona fide personal need of landlady who herself was a doctor for establishment of a hospital /maternity home on "no profit no loss basis"---Landlady was herself to occupy the premises where she would be in charge of the institution in so far as she was goi

1999 CLC 505 KARACHI-HIGH-COURT-SINDH

Sindh · 1999

MUHAMMAD SHAFI VS QUDDSIA MUZAFFAR Sindh Rented Premises Ordinance 1979--21 , S. 15(2)(vii) & 21---Bona fide personal need of landlady who herself was a doctor for establishment of a hospital /maternity home on "no profit no loss basis"---Landlady was herself to occupy the premises where she would be in charge of the institution in so far as she was going to run that institution herself---

1999 CLC 342 KARACHI-HIGH-COURT-SINDH

Sindh · 1999

BIBI KUTI VS ATIQA KHANUM Cantonments Rent Restriction Act 1963--24 , Cantonments Rent Restriction Act 1963 S. 24---Appeal---Second round of litigation---Earlier eviction application filed by landlady on grounds of expiry of tenancy agreement and default in payment of rent was dismissed by Rent Controller---Tenant died and appeal was filed against legal representatives which was also dismi

1998 SCMR 670 SUPREME-COURT

Supreme Court · 1998

REHMATULLAH VS FAZAL BAQI Displaced Persons (Compensation and Rehabilitation) Act 1958--10 , Displaced Persons (Compensation and Rehabilitation) Act 1958 ----S. 17---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.10---Constitution of Pakistan (1973), Art.185(3)---eviction of tenants---Tenants denying title of landlord, also denied relationship of landlord and t

1998 SCMR 670 SUPREME-COURT

Supreme Court · 1998

REHMATULLAH VS FAZAL BAQI Cantonments Rent Restriction Act 1963--17 , Constitution of Pakistan 1973--185 , ----S. 17---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.10---Constitution of Pakistan (1973), Art.185(3)---eviction of tenants---Tenants denying title of landlord, also denied relationship of landlord and tenants---Rent Controller decided issue of exist

1998 SCMR 670 SUPREME-COURT

Supreme Court · 1998

REHMATULLAH VS FAZAL BAQI Cantonments Rent Restriction Act 1963--17 , Constitution of Pakistan 1973--185 , ----S. 17---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.10---Constitution of Pakistan (1973), Art.185(3)---eviction of tenants---Tenants denying title of landlord, also denied relationship of landlord and tenants---Rent Controller decided issue of exist

1998 SCMR 547 SUPREME-COURT

Supreme Court · 1998

GHULAM RASOOL VS HALIMA BANKER Constitution of Pakistan 1973--185 , ----S. 15---Constion of Pakistan (1973), Art. 185(3)---eviction of tenant granted on grounds of bona fide personal requirement, material impairment of value/utility of premises was maintained by the High Court---Validity---Tenant s contention, that his ejectment could not be ordered on the ground of impairment of value or

1998 SCMR 547 SUPREME-COURT

Supreme Court · 1998

GHULAM RASOOL VS HALIMA BANKER Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15---Constion of Pakistan (1973), Art. 185(3)---eviction of tenant granted on grounds of bona fide personal requirement, material impairment of value/utility of premises was maintained by the High Court---Validity---Tenant s contention, that his ejectment could not be order

1998 SCMR 498 SUPREME-COURT

Supreme Court · 1998

ASMAT ARA GUL VS YASMIN BEGUM Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ----S. 15(5)---Constitution of Pakistan (1973), Art. 185(3)---Denial of relationship of landlord and tenant---Rent Controller ordered eviction of tenant but directed landlord to seek arrears of rent through Civil Court---Appellate Court directed tenant to deposit arr

1998 SCMR 498 SUPREME-COURT

Supreme Court · 1998

ASMAT ARA GUL VS YASMIN BEGUM Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ----S. 15(5)---Constitution of Pakistan (1973), Art. 185(3)---Denial of relationship of landlord and tenant---Rent Controller ordered eviction of tenant but directed landlord to seek arrears of rent through Civil Court---Appellate Court directed tenant to deposit arr

1998 SCMR 455 SUPREME-COURT

Supreme Court · 1998

REHMATULLAH VS FAZAL BAQI Cantonments Rent Restriction Act 1963--17 , Prohibition (Enforcement of Hadd) Order 1979--30 , S. 17 Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.10 Constitution of Pakistan (1973), Art.185(3) Application for ejectment of tenant Relationship of landlord and tenant denied by respondent (alleged tenant) Rent Controller on basis of evid

1998 SCMR 455 SUPREME-COURT

Supreme Court · 1998

REHMATULLAH VS FAZAL BAQI Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973 S. 17 Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.10 Constitution of Pakistan (1973), Art.185(3) Application for ejectment of tenant Relationship of landlord and tenant denied by respondent (alleged tenant) Rent Controller on basis of evidence on record decided issue

1998 SCMR 455 SUPREME-COURT

Supreme Court · 1998

REHMATULLAH VS FAZAL BAQI Cantonments Rent Restriction Act 1963--17 , Prohibition (Enforcement of Hadd) Order 1979--30 , S. 17 Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.10 Constitution of Pakistan (1973), Art.185(3) Application for ejectment of tenant Relationship of landlord and tenant denied by respondent (alleged tenant) Rent Controller on basis of evid

1998 SCMR 349 SUPREME-COURT

Supreme Court · 1998

MUHAMMAD SIDDIQUE VS ABDUL RAZZAQ Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Displaced Persons (Compensation and Rehabilitation) Act 1958 ----S. 13---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Ss.10 & 30---Constitution of Pakistan (1973), Art. 185(3)---Application for ejectment of tenant---Statutory tenancy---Tenant had denied relation

1998 SCMR 349 SUPREME-COURT

Supreme Court · 1998

MUHAMMAD SIDDIQUE VS ABDUL RAZZAQ Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973 ----S. 13---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Ss.10 & 30---Constitution of Pakistan (1973), Art. 185(3)---Application for ejectment of tenant---Statutory tenancy---Tenant had denied relationship of landlord and tenant between the parties---Premises in

1998 SCMR 349 SUPREME-COURT

Supreme Court · 1998

MUHAMMAD SIDDIQUE VS ABDUL RAZZAQ Displaced Persons (Compensation and Rehabilitation) Act 1958--10 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S. 13---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Ss.10 & 30---Constitution of Pakistan (1973), Art. 185(3)---Application for ejectment of tenant---Statutory tenancy---Tenant had denied relationshi

1998 SCMR 349 SUPREME-COURT

Supreme Court · 1998

MUHAMMAD SIDDIQUE VS ABDUL RAZZAQ Displaced Persons (Compensation and Rehabilitation) Act 1958--10 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S. 13---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Ss.10 & 30---Constitution of Pakistan (1973), Art. 185(3)---Application for ejectment of tenant---Statutory tenancy---Tenant had denied relationshi

1998 SCMR 253 SUPREME-COURT

Supreme Court · 1998

KHUSHI MUHAMMAD VS ZAKIYA MUSHTAQ AHMED Pakistan Penal Code 1860--265 , Pakistan Penal Code ----Para. 25---Constitution of Pakistan (1973), Art.185(3)---Pre-emption suit--Plaintiffs suit for possession through pre-emption on the ground that he, being tenant, was possessed of superior right of pre-emption ---Defence in suit was that plaintiff was not tenant at the time of sale, for order of

1998 SCMR 253 SUPREME-COURT

Supreme Court · 1998

KHUSHI MUHAMMAD VS ZAKIYA MUSHTAQ AHMED Constitution of Pakistan 1973--185 , ----Para. 25---Constitution of Pakistan (1973), Art.185(3)---Pre-emption suit--Plaintiffs suit for possession through pre-emption on the ground that he, being tenant, was possessed of superior right of pre-emption ---Defence in suit was that plaintiff was not tenant at the time of sale, for order of ejectment was

1998 SCMR 2656 SUPREME-COURT

Supreme Court · 1998

HABIBULLAH VS RENT CONTROLLER, PESHAWAR Constitution of Pakistan 1973--185 , ----S.13 (2)(vi), second proviso---Constitution of Pakistan (1973), Art. 185--Unconditional admission of liability to pay rent on the part of tenant ---Effect--Second proviso to cl. (vi) of S.13(2) of the Ordinance was confined to North West Frontier Province alone---Reprieve under second proviso to cl. (vi) of S.

1998 SCMR 2656 SUPREME-COURT

Supreme Court · 1998

HABIBULLAH VS RENT CONTROLLER, PESHAWAR Sindh Rented Premises Ordinance 1979--15 , West Pakistan Urban Rent Restriction Ordinance 1959--PREAMBLE , -----S.13(2)(ii)(a)---Sindh Rented Premises Ordinance (XVII of .1979), S.15(2)(iii)(a)---Constitution of Pakistan (1973), Art. 185---Effect of subletting under provisions of West Pakistan Urban Rent Restriction Ordinance, 1959 and that of Sindh

1998 SCMR 2656 SUPREME-COURT

Supreme Court · 1998

HABIBULLAH VS RENT CONTROLLER, PESHAWAR Sindh Rented Premises Ordinance 1979--15 , West Pakistan Urban Rent Restriction Ordinance 1959--PREAMBLE , -----S.13(2)(ii)(a)---Sindh Rented Premises Ordinance (XVII of .1979), S.15(2)(iii)(a)---Constitution of Pakistan (1973), Art. 185---Effect of subletting under provisions of West Pakistan Urban Rent Restriction Ordinance, 1959 and that of Sindh

1998 SCMR 2119 SUPREME-COURT

Supreme Court · 1998

S.M. NOORUDDIN VS SAGA PRINTERS Sindh Rented Premises Ordinance 1979--13 , Sindh Rented Premises Ordinance 1979 ----Ss. 15(2)(vii) & 13---Bona fide personal need of landlord---Mere letting out of other premises by a landlord either before 'or after the institution of eviction proceedings, on the ground of personal need, in itself, is not always enough to non-suit the landlord---Principles.

1998 SCMR 2114 SUPREME-COURT

Supreme Court · 1998

KHAN MEDICAL STORE VS MUSARRAT Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979 -----Ss.2(a) & 14---Constitution of Pakistan (1973), Art. 185---Ejectment of tenants from two amalgamated shops---Two different tenants being in possession of such amalgamated shops, Rent Controller on consideration of equity, sliced away

1998 SCMR 2114 SUPREME-COURT

Supreme Court · 1998

KHAN MEDICAL STORE VS MUSARRAT Constitution of Pakistan 1973--185 , -----Ss.2(a) & 14---Constitution of Pakistan (1973), Art. 185---Ejectment of tenants from two amalgamated shops---Two different tenants being in possession of such amalgamated shops, Rent Controller on consideration of equity, sliced away one shop each from two premises to be made over to landlady in satisfaction of her cl

1998 SCMR 2114 SUPREME-COURT

Supreme Court · 1998

KHAN MEDICAL STORE VS MUSARRAT Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979 -----Ss.2(a) & 14---Constitution of Pakistan (1973), Art. 185---Ejectment of tenants from two amalgamated shops---Two different tenants being in possession of such amalgamated shops, Rent Controller on consideration of equity, sliced away

1998 SCMR 1067 SUPREME-COURT

Supreme Court · 1998

MUNAWAR HUSSAIN VS ADDITIONAL DISTRICT JUDGE, JHELUM West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---Civil Procedure Code (V of 1908) OXVII, R.3 ---Application for ejectment---Dismissal of eviction application by closing evidence ---Validity--Landlord after filing eviction application on 10-6-1992, despite several op

1998 SCMR 1067 SUPREME-COURT

Supreme Court · 1998

MUNAWAR HUSSAIN VS ADDITIONAL DISTRICT JUDGE, JHELUM Civil Procedure Code --Order XVII of C.P.C. Adjournments--3 , ----S. 13---Civil Procedure Code (V of 1908) OXVII, R.3 ---Application for ejectment---Dismissal of eviction application by closing evidence ---Validity--Landlord after filing eviction application on 10-6-1992, despite several opportunities, neither furnished the list of witne

1998 MLD 1683 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 1998

FATIMA VS MUHAMMAD MUSA 1980 SCMR 29, 1996 SCMR 1773, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959 ----Ss. 13(2) (vi) & 15---Ejectment of tenant on ground of reconstruction and personal requirement---Essentials---Dismissal of landlord's application by Rent Controller-

1998 MLD 1683 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 1998

FATIMA VS MUHAMMAD MUSA 1980 SCMR 29, 1996 SCMR 1773, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959 ----Ss. 13(2) (vi) & 15---Ejectment of tenant on ground of reconstruction and personal requirement---Essentials---Dismissal of landlord's application by Rent Controller-

1998 PLD 196 LAHORE-HIGH-COURT-LAHORE

Punjab · 1998

BARKAT ALI CYCLE WORKS VS WAHEED-UD-DIN PLD 1968 SC 230, West Pakistan Urban Rent Restriction Ordinance 1959--5-A , West Pakistan Urban Rent Restriction Ordinance 1959 Ss. 5-A [as added by Punjab Urban Rent Restriction (Amendment) Act (III of 1991)] & 13(6)---Striking off defence of tenant---When possible---Rent of nonresidential building would stand automatically increased at the end of

1998 CLC 1249 LAHORE-HIGH-COURT-LAHORE

Punjab · 1998

ZAHEER MUHAMMAD VS TAHIR HUSSAIN MALIK West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 15---Bona fide personal need of landlord---Landlord having sought eviction of tenant on ground of bona fide personal need, was entitled to his eviction if he was able to establish that rented premises was required in good faith and bona fid

1998 CLC 1249 LAHORE-HIGH-COURT-LAHORE

Punjab · 1998

ZAHEER MUHAMMAD VS TAHIR HUSSAIN MALIK Specific Relief Act 1877--12 , Specific Relief Act 1877 S. 12---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.15---Tenant setting up agreement to sell as defence against eviction---Courts below were required to find out if agreement of sale still subsisted---Issue relating to agreement of sale must be resolved one way or the other---C

1998 PLD 177 LAHORE-HIGH-COURT-LAHORE

Punjab · 1998

MASSODUL HASSAN VS MUHAMMAD IQBAL PLD 1982 Kar. 617, PLD 1982 SC 218, West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959 Ss. 13 & 15---Bona fide personal need of landlord---Landlord at the time of filing of ejectment application was employed in Government service while he had retired during pendency of his ejectment application---

1998 CLC 1043 LAHORE-HIGH-COURT-LAHORE

Punjab · 1998

IMTIAZ BIBI VS ABDUL QADIR SHAD Civil Procedure Code --Order I of C.P.C. Parties to Suits--10 , Civil Procedure Code --Order I of C.P.C. Parties to Suits O. I, R. 10, O.XXI, R.10 & S. 144---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Execution of ex parte decree/order whereby possession was handed over to petitioner---Ex parte decree having been set aside possessi

1998 CLC 1043 LAHORE-HIGH-COURT-LAHORE

Punjab · 1998

IMTIAZ BIBI VS ABDUL QADIR SHAD Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--10 , Constitution of Pakistan 1973--199 , O. I, R. 10, O.XXI, R.10 & S. 144---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Execution of ex parte decree/order whereby possession was handed over to petitioner---Ex parte decree having been set aside possession o

1998 CLC 1043 LAHORE-HIGH-COURT-LAHORE

Punjab · 1998

IMTIAZ BIBI VS ABDUL QADIR SHAD Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--10 , Constitution of Pakistan 1973--199 , O. I, R. 10, O.XXI, R.10 & S. 144---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Execution of ex parte decree/order whereby possession was handed over to petitioner---Ex parte decree having been set aside possession o

1998 MLD 1625 LAHORE-HIGH-COURT-LAHORE

Punjab · 1998

GHULAM SARWAR VS ADDITIONAL DISTRICT JUDGE, TAUNSA CAMP 1987 CLC 1620, 1995 CLC 66, PLD 1982 Lah. 92, PLD 1990 Lah. 48, PLD 1995 Lah. 392, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---Punjab Pre-emption Act (IX of 1991), S. 6---Civil Procedure Code (V, of 1908), O. VII, R. 11---Constitution of Pakistan (1973). Ar

1998 MLD 1625 LAHORE-HIGH-COURT-LAHORE

Punjab · 1998

GHULAM SARWAR VS ADDITIONAL DISTRICT JUDGE, TAUNSA CAMP 1987 CLC 1620, 1995 CLC 66, PLD 1982 Lah. 92, PLD 1990 Lah. 48, PLD 1995 Lah. 392, Civil Procedure Code --Order VII of C.P.C. Plaint--11 , Constitution of Pakistan 1973--199 , Punjab Pre-Emption Act 1991--6 , ----S. 13---Punjab Pre-emption Act (IX of 1991), S. 6---Civil Procedure Code (V, of 1908), O. VII, R. 11---Constitution of Pak

1998 MLD 1625 LAHORE-HIGH-COURT-LAHORE

Punjab · 1998

GHULAM SARWAR VS ADDITIONAL DISTRICT JUDGE, TAUNSA CAMP 1987 CLC 1620, 1995 CLC 66, PLD 1982 Lah. 92, PLD 1990 Lah. 48, PLD 1995 Lah. 392, Civil Procedure Code --Order VII of C.P.C. Plaint--11 , Constitution of Pakistan 1973--199 , Punjab Pre-Emption Act 1991--6 , ----S. 13---Punjab Pre-emption Act (IX of 1991), S. 6---Civil Procedure Code (V, of 1908), O. VII, R. 11---Constitution of Pak

1998 MLD 1625 LAHORE-HIGH-COURT-LAHORE

Punjab · 1998

GHULAM SARWAR VS ADDITIONAL DISTRICT JUDGE, TAUNSA CAMP 1987 CLC 1620, 1995 CLC 66, PLD 1982 Lah. 92, PLD 1990 Lah. 48, PLD 1995 Lah. 392, Civil Procedure Code --Order VII of C.P.C. Plaint--11 , Constitution of Pakistan 1973--199 , Punjab Pre-Emption Act 1991--6 , ----S. 13---Punjab Pre-emption Act (IX of 1991), S. 6---Civil Procedure Code (V, of 1908), O. VII, R. 11---Constitution of Pak

1998 MLD 911 LAHORE-HIGH-COURT-LAHORE

Punjab · 1998

FAZAL BIBI VS MUNIR AHMAD 1981 CLC 1091, 1983 CLC 241, 1987 SCMR 307, 1989 SCMR 1366, 1995 CLC 931, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 --Ss. 13 & 15---Ejectment of tenant---Bona fide personal need of landlords--Essentials---Evidence produced by landlords, proved beyond doubt their personal need, who wanted to start

1998 MLD 911 LAHORE-HIGH-COURT-LAHORE

Punjab · 1998

FAZAL BIBI VS MUNIR AHMAD 1981 CLC 1091, 1983 CLC 241, 1987 SCMR 307, 1989 SCMR 1366, 1995 CLC 931, West Pakistan Urban Rent Restriction Ordinance 1959--15 , --Ss. 13 & 15---Ejectment of tenant---Bona fide personal need of landlords--Essentials---Evidence produced by landlords, proved beyond doubt their personal need, who wanted to start their own business in rented premises as they had n

1998 MLD 894 LAHORE-HIGH-COURT-LAHORE

Punjab · 1998

MUHAMMAD ASHRAF BHATTI VS MUHAMMAD YAQOOB 1985 SCMR 24, PLD 1985 SC 220, PLD 1988 SC 76, Code of Civil Procedure 1908--11 , ----S. 14---Civil Procedure Code (V of 1908), S. 11---Principle of res judicata-Applicability---Extent---Essentials---Situation when res judicata not applicable-Rent Controller could apply rule of res judicata subject to condition that issues raised in eviction appli

1998 MLD 894 LAHORE-HIGH-COURT-LAHORE

Punjab · 1998

MUHAMMAD ASHRAF BHATTI VS MUHAMMAD YAQOOB PLD 1964 SC 536, Transfer of Property Act 1882--51 , Transfer of Property Act 1882--52 , Transfer of Property Act 1882 ----Ss. 51 & 52---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 15 Sections 51 & 52, Transfer of Property Act, 1882---Applicability--eviction of tenants from rented premises---Tenants claimed that at one stage, p

1998 MLD 894 LAHORE-HIGH-COURT-LAHORE

Punjab · 1998

MUHAMMAD ASHRAF BHATTI VS MUHAMMAD YAQOOB 1985 SCMR 24, PLD 1985 SC 220, PLD 1988 SC 76, West Pakistan Urban Rent Restriction Ordinance 1959--14 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 14---Civil Procedure Code (V of 1908), S. 11---Principle of res judicata-Applicability---Extent---Essentials---Situation when res judicata not applicable-Rent Controller could apply rul

1998 MLD 480 LAHORE-HIGH-COURT-LAHORE

Punjab · 1998

HAJI FAZAL HUSSAIN VS MUHAMMAD YOUSAF CHISHTI 1980 SCMR 590, 1984 CLC 2912, 1984 CLC 693, PLD 1982 Kar. 823, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----Ss. 13 & 15---Ejectment of tenant---Premises in question were let out to tenant for non-residential purposes---Landlord sought eviction of tenant on the ground that he

1998 CLC 1601 KARACHI-HIGH-COURT-SINDH

Sindh · 1998

HABIB BANK LTD. VS MOHSIN AHMED HABIB Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 S.21---Bona fide personal need of landlord---Landlord had initially asserted that it required premises in question for accommodating President of its establishment but subsequently case set up before Rent Controller was that premises were required for accommodating various

1998 CLC 1505 KARACHI-HIGH-COURT-SINDH

Sindh · 1998

HAFEEZA BEGUM VS ABDUL GHAFFAR Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 S.21---Appeal against dismissal of ejectment application---Grounds for ejectment of tenant were, default in payment of rent, personal bona fide need and impairing utility of premises in question---Evidence relating to nuisance on the part of tenant must impute conduct which could

1998 PLD 133 KARACHI-HIGH-COURT-SINDH

Sindh · 1998

MAHMOOD ELAHI FAROOQI VS UNITED BANK LTD. 1991 CLC 92, 1993 CLC 543, 1995 MLD 429, PLD 1994 Kar. 319, Sindh Rented Premises Ordinance 1979--22 , S. 22---Ejectment or tenant ordered by Rent Controller---Subsequent to ejectment order, agreement of tenancy effected between landlord and tenant whereby tenant was let out premises on enhanced rent---Landlord's application for execution of evict

1998 MLD 579 KARACHI-HIGH-COURT-SINDH

Sindh · 1998

ADAM LIMITED VS GENERAL & RUBBER TRADING CO., KARACHI 1989 CLC 1128, 1994 SCMR 1507, 1994 SCMR 791, PLD 1974 SC 351, PLD 1982 SC 79, Qanun-e-Shahadat Order 1984--114 , ----S. 21---Qanun-e-Shahadat (10 of 1984), Art. 114---Default in payment of rent and subletting---Issue of default about rental amount, lift charges and betterment tax were thoroughly examined and decided in first round of

1998 MLD 579 KARACHI-HIGH-COURT-SINDH

Sindh · 1998

ADAM LIMITED VS GENERAL & RUBBER TRADING CO., KARACHI 1989 CLC 1128, 1994 SCMR 1507, 1994 SCMR 791, PLD 1974 SC 351, PLD 1982 SC 79, Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 ----S. 21---Qanun-e-Shahadat (10 of 1984), Art. 114---Default in payment of rent and subletting---Issue of default about rental amount, lift charges and betterment tax were thoro

1998 MLD 73 KARACHI-HIGH-COURT-SINDH

Sindh · 1998

MAZHAR MALIK VS MUHAMMAD MUSLIM Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979 ----S. 2(f)---Relationship of landlord and tenant---Landlord sought eviction of appellant relying upon agreement of tenancy of the appellant but to that agreement wherein respondent was not a party and executant was his father who was said to be his attorney while dealing with the

1997 SCMR 1819 SUPREME-COURT

Supreme Court · 1997

AZIZUR REHMAN VS PERVAIZ SHAH West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---Ejectment of tenant on default etc.---Payment of Pagree---Effect on tenancy and maintenance of eviction petition---Tenant's contention was that since he had paid a substantial amount as "Pagree" to the landlord he could not, therefore, main

1997 SCMR 1789 SUPREME-COURT

Supreme Court · 1997

ABDUL WAHID LEHRI VS ARBAB MIR NAWAZ West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---Constitution of Pakistan (1973), Art. 185(3)---Bona tide personal need of landlord---Landlord's plea for ejectment of tenant was accepted by Rent Controller on ground of personal requirement of premises---Finding of Rent Controller w

1997 SCMR 1789 SUPREME-COURT

Supreme Court · 1997

ABDUL WAHID LEHRI VS ARBAB MIR NAWAZ Constitution of Pakistan 1973--185 , ----S. 13---Constitution of Pakistan (1973), Art. 185(3)---Bona tide personal need of landlord---Landlord's plea for ejectment of tenant was accepted by Rent Controller on ground of personal requirement of premises---Finding of Rent Controller was affirmed by High Court---Validity---Assertion of landlord on oath as t

1997 SCMR 1781 SUPREME-COURT

Supreme Court · 1997

SABZ ALI KHAN VS BISMILLAH KHAN Constitution of Pakistan 1973--185 , ----S.17---Constitution of Pakistan (1973), Art. 185(3)---Default in payment of rent ---Ejectment of tenant---Notice of transfer of premises by purchasers to tenant---Necessity---Service of notice of transfer of premises by purchasers to tenant under Cantonments Rent Restriction Act, 1963, was not sine qua non to seek ten

1997 SCMR 1781 SUPREME-COURT

Supreme Court · 1997

SABZ ALI KHAN VS BISMILLAH KHAN Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 ----S.17---Constitution of Pakistan (1973), Art. 185(3)---Default in payment of rent ---Ejectment of tenant---Notice of transfer of premises by purchasers to tenant---Necessity---Service of notice of transfer of premises by purchasers to tenant under Cantonments Rent Restrictio

1997 CLC 1796 PESHAWAR-HIGH-COURT

KPK · 1997

WILAYAT SHAH VS DISTRICT JUDGE, KOHAT West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---Bona fide personal need of landlord---Landlord, a retired Government Official aged about 70/72 years---Landlord served notice of eviction immediately after becoming jobless ---Jirga was also convened to persuade tenant for eviction

1997 CLC 21 PESHAWAR-HIGH-COURT

KPK · 1997

EMPLOYEES' OLD-AGE BENEFIT INSTITUTION VS JAVED IQBAL Cantonments Rent Restriction Act 1963--17 , Civil Procedure Code --Order VII of C.P.C. Plaint--11 , Constitution of Pakistan 1973--199 , Land Acquisition Act 1894--17 , Land Acquisition Act 1894--4 , S. 12---Civil Procedure Code (V of 1908), Restriction Act (XI of 1963), S. 17---Land Acquisition Act (I of 1894), Ss.4 & 17---Constitution

1997 CLC 21 PESHAWAR-HIGH-COURT

KPK · 1997

EMPLOYEES' OLD-AGE BENEFIT INSTITUTION VS JAVED IQBAL Cantonments Rent Restriction Act 1963--17 , Civil Procedure Code --Order VII of C.P.C. Plaint--11 , Constitution of Pakistan 1973--199 , Land Acquisition Act 1894--17 , Land Acquisition Act 1894--4 , S. 12---Civil Procedure Code (V of 1908), Restriction Act (XI of 1963), S. 17---Land Acquisition Act (I of 1894), Ss.4 & 17---Constitution

1997 CLC 21 PESHAWAR-HIGH-COURT

KPK · 1997

EMPLOYEES' OLD-AGE BENEFIT INSTITUTION VS JAVED IQBAL Cantonments Rent Restriction Act 1963--17 , Civil Procedure Code --Order VII of C.P.C. Plaint--11 , Constitution of Pakistan 1973--199 , Land Acquisition Act 1894--17 , Land Acquisition Act 1894--4 , S. 12---Civil Procedure Code (V of 1908), Restriction Act (XI of 1963), S. 17---Land Acquisition Act (I of 1894), Ss.4 & 17---Constitution

1997 CLC 21 PESHAWAR-HIGH-COURT

KPK · 1997

EMPLOYEES' OLD-AGE BENEFIT INSTITUTION VS JAVED IQBAL Cantonments Rent Restriction Act 1963--17 , Civil Procedure Code --Order VII of C.P.C. Plaint--11 , Constitution of Pakistan 1973--199 , Land Acquisition Act 1894--17 , Land Acquisition Act 1894--4 , S. 12---Civil Procedure Code (V of 1908), Restriction Act (XI of 1963), S. 17---Land Acquisition Act (I of 1894), Ss.4 & 17---Constitution

1997 CLC 21 PESHAWAR-HIGH-COURT

KPK · 1997

EMPLOYEES' OLD-AGE BENEFIT INSTITUTION VS JAVED IQBAL Specific Relief Act 1877--12 , Specific Relief Act 1877 S. 12---Civil Procedure Code (V of 1908), Restriction Act (XI of 1963), S. 17---Land Acquisition Act (I of 1894), Ss.4 & 17---Constitution of Pakistan (1973), Art. 199---Suit for specific performance of agreement to sell---Property during pendency of suit had been sold to third par

1997 PLD 64 PESHAWAR-HIGH-COURT

KPK · 1997

ZAR-FROOSH VS SIKANDAR AZIZ Cantonments Rent Restriction Act 1963--24 , Cantonments Rent Restriction Act 1963--3 , Cantonments Rent Restriction Act 1963 Ss. 3, 17 & 24---Constitution of Pakistan (1973), Art.199---Constitutional petition---Interim order of Rent Controller rejecting petitioner's (tenant's) application under S.3(4), Cantonments Rent Restriction Act, 1963 to the effect that pr

1997 PLD 64 PESHAWAR-HIGH-COURT

KPK · 1997

ZAR-FROOSH VS SIKANDAR AZIZ Cantonments Rent Restriction Act 1963--17 , Constitution of Pakistan 1973--199 , Ss. 3, 17 & 24---Constitution of Pakistan (1973), Art.199---Constitutional petition---Interim order of Rent Controller rejecting petitioner's (tenant's) application under S.3(4), Cantonments Rent Restriction Act, 1963 to the effect that property in question, belonged to Cantonment B

1997 PLD 64 PESHAWAR-HIGH-COURT

KPK · 1997

ZAR-FROOSH VS SIKANDAR AZIZ Cantonments Rent Restriction Act 1963--24 , Cantonments Rent Restriction Act 1963--3 , Cantonments Rent Restriction Act 1963 Ss. 3, 17 & 24---Constitution of Pakistan (1973), Art.199---Constitutional petition---Interim order of Rent Controller rejecting petitioner's (tenant's) application under S.3(4), Cantonments Rent Restriction Act, 1963 to the effect that pr

1997 PLD 64 PESHAWAR-HIGH-COURT

KPK · 1997

ZAR-FROOSH VS SIKANDAR AZIZ Cantonments Rent Restriction Act 1963--17 , Constitution of Pakistan 1973--199 , Ss. 3, 17 & 24---Constitution of Pakistan (1973), Art.199---Constitutional petition---Interim order of Rent Controller rejecting petitioner's (tenant's) application under S.3(4), Cantonments Rent Restriction Act, 1963 to the effect that property in question, belonged to Cantonment B

1997 CLC 1664 LAHORE-HIGH-COURT-LAHORE

Punjab · 1997

MUHAMMAD AFZAL VS MUHAMMAD AKBAR KHAN West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 15---Bona fide personal need of landlord---Shop in question was stated to be required in good faith for personal use of the landlord---Landlord during evidence stated that shop in question was required for bona fide use of his son who wanted

1997 CLC 1658 LAHORE-HIGH-COURT-LAHORE

Punjab · 1997

SANOBER KHAN VS MUHAMMAD YOUNIS West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---Bona fide personal need of landlord---Such ground not taken in earlier proceedings---Effect---Order of eviction could be passed in fresh proceedings, although in previous round of litigation such ground was either abandoned or not proved-

1997 CLC 1543 LAHORE-HIGH-COURT-LAHORE

Punjab · 1997

MUHAMMAD YASIN VS ADDITIONAL DISTRICT JUDGE, BAHAWALPUR Civil Procedure Code --Order I of C.P.C. Parties to Suits--10 , Constitution of Pakistan 1973--199 , S. 13---Constitution of Pakistan (1973), Art. 199---Civil Procedure Code (V of 1908), 0.1, R. 10---Constitutional petition---Application under Oil, R. 10, C.P.C. seeking to be impleaded in Constitutional petition by persons claiming to

1997 CLC 1543 LAHORE-HIGH-COURT-LAHORE

Punjab · 1997

MUHAMMAD YASIN VS ADDITIONAL DISTRICT JUDGE, BAHAWALPUR Civil Procedure Code --Order I of C.P.C. Parties to Suits--10 , Constitution of Pakistan 1973--199 , S. 13---Constitution of Pakistan (1973), Art. 199---Civil Procedure Code (V of 1908), 0.1, R. 10---Constitutional petition---Application under Oil, R. 10, C.P.C. seeking to be impleaded in Constitutional petition by persons claiming to

1997 CLC 1543 LAHORE-HIGH-COURT-LAHORE

Punjab · 1997

MUHAMMAD YASIN VS ADDITIONAL DISTRICT JUDGE, BAHAWALPUR West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---Constitution of Pakistan (1973), Art. 199---Civil Procedure Code (V of 1908), 0.1, R. 10---Constitutional petition---Application under Oil, R. 10, C.P.C. seeking to be impleaded in Constitutional petition by person

1997 PCRLJ 514 LAHORE-HIGH-COURT-LAHORE

Punjab · 1997

SH. MUHAMMAD YOUSAF VS FEDERAL GOVERNMENT AND 5 OTHERS PLD 1989 SC 26, Pakistan Penal Code 1860--420 , Pakistan Penal Code 1860--468 , Pakistan Penal Code 1860--471 , ----S. 420/468/471---Trial by Military Courts and Jurisdiction of Supreme Court and High Court [C.M.L.O. 77]---Constitution of Pakistan (1973), Art. 199--Constitutional petition---Quashing of proceedings taken by Summary Mil

1997 MLD 1800 LAHORE-HIGH-COURT-LAHORE

Punjab · 1997

K. H. HIRAMANEK VS MRS. SHAFQAT ASLAM West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S.13(3)(i)(a)---Ejectment of tenant---Bona fide personal need---Requirement of premises for need of husbands of landladies---Validity---Landladies could lawfully seek eviction of premises in question, for use and occupation of their husband

1997 MLD 920 LAHORE-HIGH-COURT-LAHORE

Punjab · 1997

KHUSHI MUHAMMAD VS ZAKIYA MUSHTAQ AHMAD Constitution of Pakistan 1973--199 , Martial Law Regulation 1972 No. 115--RGLN. , ----Para. 25---Constitution of Pakistan (1973), Art.199---Pre-emption suit--Tenant's suit for pre-emption filed on 31-7-1974---Order of eviction relating to land in question, had been passed against tenant by Revenue Court on 8-1-1974 i.e. about 6 months before filing o

1997 MLD 920 LAHORE-HIGH-COURT-LAHORE

Punjab · 1997

KHUSHI MUHAMMAD VS ZAKIYA MUSHTAQ AHMAD Constitution of Pakistan 1973--199 , Martial Law Regulation 1972 No. 115--RGLN. , ----Para. 25---Constitution of Pakistan (1973), Art.199---Pre-emption suit--Tenant's suit for pre-emption filed on 31-7-1974---Order of eviction relating to land in question, had been passed against tenant by Revenue Court on 8-1-1974 i.e. about 6 months before filing o

1997 CLC 33 LAHORE-HIGH-COURT-LAHORE

Punjab · 1997

QAUMI FOUNDATION VS ASAD ANEES ANSARI West Pakistan Urban Rent Restriction Ordinance 1959--11 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 11---Conversion of residential building into non-residential building--Effect---Tenant having changed character of premises from residential to nonresidential would not affect right of landlord to seek eviction of tenant for residential purp

1997 PLD 373 KARACHI-HIGH-COURT-SINDH

Sindh · 1997

MUHAMMAD HANIF VS TAJ BEGUM Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 Ss. 15 & 21---Bona fide personal use of landlady ---ejectment of tenant on account of requirement of premises for personal use of landlady's sons-.-Validity ---Landlady had clearly stated in her ejectment application that three of her sons were unemployed and that she wanted premises

1997 PLD 373 KARACHI-HIGH-COURT-SINDH

Sindh · 1997

MUHAMMAD HANIF VS TAJ BEGUM Sindh Rented Premises Ordinance 1979--21 , Ss. 15 & 21---Bona fide personal use of landlady ---ejectment of tenant on account of requirement of premises for personal use of landlady's sons-.-Validity ---Landlady had clearly stated in her ejectment application that three of her sons were unemployed and that she wanted premises in question for establishing busines

1997 CLC 922 KARACHI-HIGH-COURT-SINDH

Sindh · 1997

FAZILAT UL HODA VS BASHIR MUHAMMAD Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , Ss.14, 15 & 21---Ejectment application filed by landlord under S.14, Sindh Rented Premises Ordinance, 1979, was not found to be maintainable---Rent Controller, however, had ordered eviction of tenant under S.14 of the Ordinance which was not attracted---Landlord was in f

1997 CLC 922 KARACHI-HIGH-COURT-SINDH

Sindh · 1997

FAZILAT UL HODA VS BASHIR MUHAMMAD Ss.14, 15 & 21---Ejectment application filed by landlord under S.14, Sindh Rented Premises Ordinance, 1979, was not found to be maintainable---Rent Controller, however, had ordered eviction of tenant under S.14 of the Ordinance which was not attracted---Landlord was in fact entitled to seek eviction in terms of S.15, Sindh Rented Premises Ordinance, 1979, fo

1997 CLC 992 KARACHI-HIGH-COURT-SINDH

Sindh · 1997

FAZILAT UL HODA VS BASHIR MUHAMMAD Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 Ss.14, 15 & 21---Ejectment application filed by landlord under S.14, Sindh Rented Premises Ordinance, 1979, was not found to be maintainable---Rent Controller, however, had ordered eviction of tenant under S.14 of the Ordinance which was not attracted---Landlord was in fact en

1997 MLD 2283 KARACHI-HIGH-COURT-SINDH

Sindh · 1997

TAHIR ALI BHAI VS NAZ PERWARA Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15---Bona fide personal need of landlord/landlady---Essentials---Landlady would have right and privilege to reside 'in her own house---Plea that landlady had been living with her husband in his house for quite some time would not be a bar to seek tenant's eviction for her own

1997 MLD 2283 KARACHI-HIGH-COURT-SINDH

Sindh · 1997

TAHIR ALI BHAI VS NAZ PERWARA Sindh Rented Premises Ordinance 1979--21 , ----S.15---Bona fide personal need of landlord/landlady---Essentials---Landlady would have right and privilege to reside 'in her own house---Plea that landlady had been living with her husband in his house for quite some time would not be a bar to seek tenant's eviction for her own use---Landlady had consistently plea

1997 MLD 2137 SUPREME-COURT-AZAD-KASHMIR

Supreme Court · 1997

ABDUL MAJEED VS DISTRICT JUDGE, MIRPUR Azad Jammu and Kashmir Interim Constitution Act 1974--44 , ----S.14---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.44---Bona fide personal need of landlord---Proof---Quantum of---Landlord and tenant were carrying on same business in same vicinity where building in question was situated; landlord, six months back sold his business

1997 MLD 2137 SUPREME-COURT-AZAD-KASHMIR

Supreme Court · 1997

ABDUL MAJEED VS DISTRICT JUDGE, MIRPUR Azad Jammu and Kashmir Rent Restriction Act 1986--14 , Azad Jammu and Kashmir Rent Restriction Act 1986 ----S.14(3)(a)(ii)---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.44---Application for eviction of tenant from shops for personal use of landlord---Expression "good faith" as used in S.14(3)(ii), Azad Jammu and Kashmir Rent Rest

1996 SCMR 877 SUPREME-COURT

Supreme Court · 1996

BOR BIBI VS ABDUL QADIR Constitution of Pakistan 1973--185 , Contract Act 1872--2 , S. 13---Transfer of Property Act (IV of 1882), S. 54---Contract Act (IX of 1872), S. 2(h)---Constitution of Pakistan. (1973), Art. 185(3)---Order of ejectment of tenant from property---Tenant basing his claim on agreement to sell executed subsequently between landlord and himself--- Order of ejectment passe

1996 SCMR 877 SUPREME-COURT

Supreme Court · 1996

BOR BIBI VS ABDUL QADIR Constitution of Pakistan 1973--185 , Contract Act 1872--2 , S. 13---Transfer of Property Act (IV of 1882), S. 54---Contract Act (IX of 1872), S. 2(h)---Constitution of Pakistan. (1973), Art. 185(3)---Order of ejectment of tenant from property---Tenant basing his claim on agreement to sell executed subsequently between landlord and himself--- Order of ejectment passe

1996 SCMR 877 SUPREME-COURT

Supreme Court · 1996

BOR BIBI VS ABDUL QADIR West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 13---Transfer of Property Act (IV of 1882), S. 54---Contract Act (IX of 1872), S. 2(h)---Constitution of Pakistan. (1973), Art. 185(3)---Order of ejectment of tenant from property---Tenant basing his claim on agreement to sell executed subsequently betwee

1996 SCMR 877 SUPREME-COURT

Supreme Court · 1996

BOR BIBI VS ABDUL QADIR Transfer of Property Act 1882--54 , Transfer of Property Act 1882 .----S. 54---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13---Tenant claiming to be in possession of agreement to sell ---eviction--Validity---High Court had come to conclusion that tenant could not be allowed to retain his possession on such agreement till decision of his title by

1996 SCMR 349 SUPREME-COURT

Supreme Court · 1996

IMAM-UD-DIN VS ATIQUE YOUSAF BOKHARI West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S.13---Constitution of Pakistan (1973), Art.185(3)---Ejectment of tenant for non-compliance of tentative rent order of Rent Controller---Validity---Tenant claimed that he had deposited arrears of rent before stipulated date but could not produce

1996 SCMR 349 SUPREME-COURT

Supreme Court · 1996

IMAM-UD-DIN VS ATIQUE YOUSAF BOKHARI Constitution of Pakistan 1973--185 , S.13---Constitution of Pakistan (1973), Art.185(3)---Ejectment of tenant for non-compliance of tentative rent order of Rent Controller---Validity---Tenant claimed that he had deposited arrears of rent before stipulated date but could not produce relevant documents to establish deposit thereof---Tenant produced docume

1996 SCMR 97 SUPREME-COURT

Supreme Court · 1996

TAJ MUHAMMAD ABBASI VS FEROZESONS (RAWALPINDI) PVT. LIMITED, RAWALPINDI Cantonments Rent Restriction Act 1963--23 , Cantonments Rent Restriction Act 1963 Ss. 23, 17 & 17-A---Where an application for eviction is dismissed -for default of appearance or for failure to produce evidence, a subsequent petition on the. same cause of action claiming the same relief is not barred under S.23 of the

1996 SCMR 97 SUPREME-COURT

Supreme Court · 1996

TAJ MUHAMMAD ABBASI VS FEROZESONS (RAWALPINDI) PVT. LIMITED, RAWALPINDI Cantonments Rent Restriction Act 1963--17-A , Ss. 23, 17 & 17-A---Where an application for eviction is dismissed -for default of appearance or for failure to produce evidence, a subsequent petition on the. same cause of action claiming the same relief is not barred under S.23 of the Cantonments Rent Restriction Act, 19

1996 SCMR 97 SUPREME-COURT

Supreme Court · 1996

TAJ MUHAMMAD ABBASI VS FEROZESONS (RAWALPINDI) PVT. LIMITED, RAWALPINDI Constitution of Pakistan 1973--185 , Ss. 23 & 17---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider, inter alia, whether in the presence of the dismissal of the earlier application for eviction of the predecessor-in-interest of tenant, fresh application on the same ground was mainta

1996 SCMR 19 SUPREME-COURT

Supreme Court · 1996

MUHAMMAD AYAZ VS ISHTIAQ Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 S. 17---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal requirement of landlord ---Leave to appeal was granted to consider contention of tenant that there was overwhelming evidence on record to show that landl6rd was already in possession of another shop in same buil

1996 SCMR 19 SUPREME-COURT

Supreme Court · 1996

MUHAMMAD AYAZ VS ISHTIAQ Constitution of Pakistan 1973--185 , S. 17---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal requirement of landlord ---Leave to appeal was granted to consider contention of tenant that there was overwhelming evidence on record to show that landl6rd was already in possession of another shop in same building where he was carrying on his business; w

1996 SCMR 1661 SUPREME-COURT

Supreme Court · 1996

NOOR ELAHI VS MUHAMMAD SHARIF KHAN SHINWARI Constitution of Pakistan 1973--185 , ----S. 17---Constitution of Pakistan (1973), Art. 185(3)--Ejectment of tenant on basis of terms incorporated in rent deed---Statutory provision of notice as contained in third proviso of S. 17(4) of Cantonments Rent Restriction Act, 1963---Effect---Landlord seeking eviction of tenant from rented premises being

1996 SCMR 1661 SUPREME-COURT

Supreme Court · 1996

NOOR ELAHI VS MUHAMMAD SHARIF KHAN SHINWARI Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 ----S. 17---Constitution of Pakistan (1973), Art. 185(3)--Ejectment of tenant on basis of terms incorporated in rent deed---Statutory provision of notice as contained in third proviso of S. 17(4) of Cantonments Rent Restriction Act, 1963---Effect---Landlord seeking

1996 SCMR 1339 SUPREME-COURT

Supreme Court · 1996

HASSAN KHAN VS AZIZ AHMED Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15---Ex parte order of eviction against tenant and sub-tenant passed by Rent Controller---Tenant and sub-tenant did not contest order of ejectment but filed objections in execution proceedings claiming lack of notice and lack of knowledge of ejectment application---Tenant also t

1996 SCMR 1257 SUPREME-COURT

Supreme Court · 1996

NIGHAT BASHIR VS SHOUKAT FAIZI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15---Constitution of Pakistan (1973), Art. 185---Bona fide personal need of landlady---Order of eviction passed by Rent Controller was set aside by High Court---Validity---High Court. failed to take notice of certain material facts appearing in evidence---Premises where landlad

1996 SCMR 1257 SUPREME-COURT

Supreme Court · 1996

NIGHAT BASHIR VS SHOUKAT FAIZI Constitution of Pakistan 1973--185 , S. 15---Constitution of Pakistan (1973), Art. 185---Bona fide personal need of landlady---Order of eviction passed by Rent Controller was set aside by High Court---Validity---High Court. failed to take notice of certain material facts appearing in evidence---Premises where landlady was residing had been gifted by her fathe

1996 PLD 48 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 1996

SAEED MUHAMMAD VS MEHRULLAH West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13 & 15 --- Ejectment of tenant --- Payment by tenant styled as "Pugree"--Effect --- Relations between landlord and tenant were regulated by West Pakistan Urban Rent Restriction Ordinance, 1959 --- Where, however, terms of contract contravene provision of law (payment of Pugree) same must give way bei

1996 PLD 48 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 1996

SAEED MUHAMMAD VS MEHRULLAH West Pakistan Urban Rent Restriction Ordinance 1959--2 , West Pakistan Urban Rent Restriction Ordinance 1959 Ss. 13 & 15 --- Ejectment of tenant --- Payment by tenant styled as "Pugree"--Effect --- Relations between landlord and tenant were regulated by West Pakistan Urban Rent Restriction Ordinance, 1959 --- Where, however, terms of contract contravene provisio

1996 PLD 308 LAHORE-HIGH-COURT-LAHORE

Punjab · 1996

MUHAMMAD IBRAHI VS ABDUS SALAM BHATTI West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 13 --- Default in payment of rent --- Discretion of Court, exercise of --- Power to direct eviction of tenant under S. 13, West Pakistan Urban Rent Restriction 'Ordinance, 1959 due to default is within discretion of Court, but non-payment of

1996 PLD 252 LAHORE-HIGH-COURT-LAHORE

Punjab · 1996

MUHAMMAD SIDDIQUE VS FAZAL HUSSAIN QURESHI West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13(6) & 15(5), (6) --- Denial of relationship of landlord and tenant --- Rent Controller deciding such issue in favour of landlord and ordering eviction of tenant --- During pendency of alleged tenant's appeal against Rent Controller's order of eviction, landlord applied that alleged te

1996 PLD 252 LAHORE-HIGH-COURT-LAHORE

Punjab · 1996

MUHAMMAD SIDDIQUE VS FAZAL HUSSAIN QURESHI West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 Ss. 13(6) & 15(5), (6) --- Denial of relationship of landlord and tenant --- Rent Controller deciding such issue in favour of landlord and ordering eviction of tenant --- During pendency of alleged tenant's appeal against Rent Controller's

1996 CLC 1167 LAHORE-HIGH-COURT-LAHORE

Punjab · 1996

MUHAMMAD ANWAR VS MUHAMMAD HUSSAIN Civil Procedure Code --Order I of C.P.C. Parties to Suits--10 , Civil Procedure Code --Order I of C.P.C. Parties to Suits O.1, R. 10 '& S. 115---Suit for recovery of rent arrears and ejectment --Petitioners' application to be joined as party was rejected by Trial Court--Validity---Petitioners had already gone to Civil Court for adjudication of their title

1996 CLC 1167 LAHORE-HIGH-COURT-LAHORE

Punjab · 1996

MUHAMMAD ANWAR VS MUHAMMAD HUSSAIN Code of Civil Procedure 1908--115 , O.1, R. 10 '& S. 115---Suit for recovery of rent arrears and ejectment --Petitioners' application to be joined as party was rejected by Trial Court--Validity---Petitioners had already gone to Civil Court for adjudication of their title to property in question ---Averments in plaints showed that petitioners had laid no c

1996 MLD 1131 LAHORE-HIGH-COURT-LAHORE

Punjab · 1996

ASHIQ ALI VS NAEEM-UR-REHMAN TAHIR West Pakistan Urban Rent Restriction Ordinance 1959--2 , West Pakistan Urban Rent Restriction Ordinance 1959 ----Ss. 2 & 13---Constitution of Pakistan (1973), Art.199---Constitutional petition---Expression "landlord" and "owners of land"---Connotation---Bona fide personal requirement by landlord---For determination of personal requirement of landlord, Ren

1996 MLD 391 LAHORE-HIGH-COURT-LAHORE

Punjab · 1996

PAKISTAN BURMAH SHELL VS DISTRICT JUDGE West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S.13---Constitution of Pakistan (1973), Art.199---Constitutional petition--Ejectment proceedings---New plea---Raising new plea in Constitutional petition---Effect---Petitioner had admitted in his written reply to ejectment application tha

1996 MLD 391 LAHORE-HIGH-COURT-LAHORE

Punjab · 1996

PAKISTAN BURMAH SHELL VS DISTRICT JUDGE Constitution of Pakistan 1973--199 , ----S.13---Constitution of Pakistan (1973), Art.199---Constitutional petition--Ejectment proceedings---New plea---Raising new plea in Constitutional petition---Effect---Petitioner had admitted in his written reply to ejectment application that he was tenant under respondent on a specified monthly rent--eviction of

1996 PLD 109 KARACHI-HIGH-COURT-SINDH

Sindh · 1996

MUHAMMAD SHAFI VS STATE LIFE INSURANCE CORPORATION OF PAKSITAN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15(2)(iii)(i) --- Subletting --- Tenant initially was running a "proprietorship concern", but later on it was changed into "partnership concern" whereby two of the tenant's brothers were inducted as partners in the concern without permission of l

1996 CLC 1276 KARACHI-HIGH-COURT-SINDH

Sindh · 1996

SAHIRA KHATOON VS MOINUL HAQ Sindh Rented Premises Ordinance 1979--18 , Ss. 15(2)(vii) & 18---Bona fide personal need of landlord---Premises in dispute was gifted out to landlord by original owner thereof and donee landlord served notice under S. 18 of Sindh Rented Premises Ordinance, 1979 for change of ownership ---Ejectment application filed by donee landlord against tenant on ground of

1996 MLD 853 KARACHI-HIGH-COURT-SINDH

Sindh · 1996

AMTUL BEGUM VS JUMA KHAN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15(2)(vii)---Bona fide personal need of married daughter of landlord--Where a landlord desired bona fide to settle and lodge his married daughter he could not be denied that privilege---It would not be logical- that after marriage of daughter, landlord should be disentitled to see

1996 MLD 797 KARACHI-HIGH-COURT-SINDH

Sindh · 1996

MUHAMMAD ISHAQ VS MUHAMMAD ZUBAIR Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----Ss.15 & 21---Relationship of landlord and tenant---Stay of proceedings--Mere pendency of a civil suit regarding ownership of premises in question would not automatically stay the proceedings of case or appeal under Sindh Rented Premises Ordinance, 1979---If any party wanted

1996 MLD 797 KARACHI-HIGH-COURT-SINDH

Sindh · 1996

MUHAMMAD ISHAQ VS MUHAMMAD ZUBAIR Sindh Rented Premises Ordinance 1979--21 , ----Ss.15 & 21---Relationship of landlord and tenant---Stay of proceedings--Mere pendency of a civil suit regarding ownership of premises in question would not automatically stay the proceedings of case or appeal under Sindh Rented Premises Ordinance, 1979---If any party wanted stay of proceedings it could apply f

1996 MLD 544 KARACHI-HIGH-COURT-SINDH

Sindh · 1996

PAKISTAN BURMAH SHELL LTD. VS KHALIL AHMED Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 ----S.14---Bona fide personal need of landlord---Son of landlord was carrying on his business in one room of another residential building owned by landlord and no evidence was available on record to show that landlord was in occupation of any other non-residential buil

1996 MLD 229 KARACHI-HIGH-COURT-SINDH

Sindh · 1996

GALAXY CONSTRUCTIONS (PVT.) LTD. COMPANY, KARACHI VS KHALID MAHMOOD DURRANI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----Ss.15(2)(vi) & 15-A---Ejectment of tenant on ground of reconstruction of premises---Relationship of landlord and tenant---Continuity of---Where possession of premises in question was obtained by landlord from tenant on ground of rec

1996 MLD 229 KARACHI-HIGH-COURT-SINDH

Sindh · 1996

GALAXY CONSTRUCTIONS (PVT.) LTD. COMPANY, KARACHI VS KHALID MAHMOOD DURRANI Sindh Rented Premises Ordinance 1979--15-A , ----Ss.15(2)(vi) & 15-A---Ejectment of tenant on ground of reconstruction of premises---Relationship of landlord and tenant---Continuity of---Where possession of premises in question was obtained by landlord from tenant on ground of reconstruction of that premises, right

1996 CLC 619 KARACHI-HIGH-COURT-SINDH

Sindh · 1996

ISMAIL ADAMJEE VS BILQUIS IQBAL Sindh Rented Premises Ordinance 1979--6 , Ss. 5 & 6---Agreement of tenancy---If terms of tenancy were not contrary to relevant law, determination and payment of rent as also the eviction of tenant would be governed by covenants contained in agreement of tenancy.

1996 CLC 619 KARACHI-HIGH-COURT-SINDH

Sindh · 1996

ISMAIL ADAMJEE VS BILQUIS IQBAL Sindh Rented Premises Ordinance 1979--5 , Sindh Rented Premises Ordinance 1979 Ss. 5 & 6---Agreement of tenancy---If terms of tenancy were not contrary to relevant law, determination and payment of rent as also the eviction of tenant would be governed by covenants contained in agreement of tenancy.

1996 CLC 394 KARACHI-HIGH-COURT-SINDH

Sindh · 1996

ANWAR BAIG VS ABDUL RAB Sindh Rented Premises Ordinance 1979--15 , Ss. 10 & 15(2)(ii)---Payment of rent---Mode of---Rent would become payable in tern of mutual agreement between parties when agreement to that effect was executed between them but where date for payment of rent was not fixed by mutual agreement between landlord and tenant, rent would be due on 10th of the month next followin

1996 CLC 394 KARACHI-HIGH-COURT-SINDH

Sindh · 1996

ANWAR BAIG VS ABDUL RAB Sindh Rented Premises Ordinance 1979--10 , Sindh Rented Premises Ordinance 1979 Ss. 10 & 15(2)(ii)---Payment of rent---Mode of---Rent would become payable in tern of mutual agreement between parties when agreement to that effect was executed between them but where date for payment of rent was not fixed by mutual agreement between landlord and tenant, rent would be d

1996 CLC 377 KARACHI-HIGH-COURT-SINDH

Sindh · 1996

JEHAN ARA VS TAYYABA KHATOON Sindh Rented Premises Ordinance 1979--18 , Sindh Rented Premises Ordinance 1979 S. 18---Change in ownership of premises---Notice to tenant---Tenant must have positive knowledge about the change in ownership of premises---eviction application filed by new owner was sufficient notice to tenant about change in ownership of premises.

1995 SCMR 730 SUPREME-COURT

Supreme Court · 1995

MUHAMMAD ISHAQ VS MUHAMMAD SIDDIQUE West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 13---Constitution of Pakistan (1973), Art. 185 (3)---Landlord had raised two pleas in his eviction application viz. non-payment of rent and damage to property---Rent Controller had not recorded any finding that tenant had made default in payme

1995 SCMR 730 SUPREME-COURT

Supreme Court · 1995

MUHAMMAD ISHAQ VS MUHAMMAD SIDDIQUE Constitution of Pakistan 1973--185 , S. 13---Constitution of Pakistan (1973), Art. 185 (3)---Landlord had raised two pleas in his eviction application viz. non-payment of rent and damage to property---Rent Controller had not recorded any finding that tenant had made default in payment of rent or that he had damaged the property in question--Clear finding

1995 SCMR 317 SUPREME-COURT

Supreme Court · 1995

SHAHNAZ BEGUM VS DAULAT ROSHAN ALI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S.15---Bona fide personal need of landlady---Quantum of proof---Landlady had produced evidence that she was putting up alongwith her family in the house of her father-in-law who had asked her to leave the house and she had acquired another rented accommodation---Evidence on re

1995 SCMR 305 SUPREME-COURT

Supreme Court · 1995

MARKET COMMITTEE, MULTAN VS MUHAMMAD SABIR Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973--25 , S. 30---Constitution of Pakistan (1973), Arts. 185(3), 199 & 25--Discrimination, rule of ---Consistency---Affectees of clean up operation by Market Committee, occupying plots lying within the boundary of New Market and constructing shops after their eviction from the old grai

1995 SCMR 305 SUPREME-COURT

Supreme Court · 1995

MARKET COMMITTEE, MULTAN VS MUHAMMAD SABIR Punjab Agricultural Produce Markets Ordinance 1978--30 , Punjab Agricultural Produce Markets Ordinance 1978 S. 30---Constitution of Pakistan (1973), Arts. 185(3), 199 & 25--Discrimination, rule of ---Consistency---Affectees of clean up operation by Market Committee, occupying plots lying within the boundary of New Market and constructing shops aft

1995 SCMR 287 SUPREME-COURT

Supreme Court · 1995

MISBAHULLAH KHAN VS MEMOONA TASKINUDDIN Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 S.17---Interpretation and scope of S.17, Cantonments Rent Restriction Act, 1963---eviction of tenant---Tentative rent order can be passed by the Rent Controller even if ground of default is not alleged for seeking eviction.----S.17(8)---Provision of S.17(8), Cantonments

1995 SCMR 262 SUPREME-COURT

Supreme Court · 1995

PROVINCE OF PUNJAB VS ANWAR Constitution of Pakistan 1973--185 , S. 13---West Pakistan Requisitioning of Immovable Property (Temporary Powers) Act (VII of 1956), S. 3 (1)---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider; whether Authorities under West Pakistan Urban Rent Restriction Ordinance, 1959, were competent to direct eviction of tenants in view

1995 SCMR 262 SUPREME-COURT

Supreme Court · 1995

PROVINCE OF PUNJAB VS ANWAR West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 13---West Pakistan Requisitioning of Immovable Property (Temporary Powers) Act (VII of 1956), S. 3 (1)---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider; whether Authorities under West Pakistan Urban Rent Restrict

1995 SCMR 146 SUPREME-COURT

Supreme Court · 1995

ABID MASOOD VS DILSHAD KHAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 13---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal need of landlord---Quantum of proof ---Ejectment of tenant from shop in question, on account of requiring same in good faith for personal use of landlord's son---Landlords owned nu

1995 SCMR 146 SUPREME-COURT

Supreme Court · 1995

ABID MASOOD VS DILSHAD KHAN Constitution of Pakistan 1973--185 , S. 13---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal need of landlord---Quantum of proof ---Ejectment of tenant from shop in question, on account of requiring same in good faith for personal use of landlord's son---Landlords owned numerous shops in the building and during pendency of proceedings got vacat

1995 PLD 609 SUPREME-COURT

Supreme Court · 1995

NOOR ELAHI VS MUHAMMAD SHARIF KHAN SHINWARI Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 ----S. 17(4), 3rd proviso ---Ejectment of tenant---Non-service of notice--Effect---Service of notice under 3rd proviso to S.17(4) of the Act was mandatory for seeking eviction of tenant who was occupying premises where business of Serais, hotels, Dak-bungalows, lodg

1995 SCMR 1407 SUPREME-COURT

Supreme Court · 1995

TAHIR HUSSAIN MALIK VS NAJMA RAFI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 Ss. 15 & 18---Constitution of Pakistan (1973), Art. 185---Ejectment application---Denial of relationship of landlady and tenant by alleged tenant--Rent Controller as also High Court ordered ejectment of tenant ---Validity--Execution of registered sale deed by previous owner in

1995 SCMR 1407 SUPREME-COURT

Supreme Court · 1995

TAHIR HUSSAIN MALIK VS NAJMA RAFI Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--18 , Ss. 15 & 18---Constitution of Pakistan (1973), Art. 185---Ejectment application---Denial of relationship of landlady and tenant by alleged tenant--Rent Controller as also High Court ordered ejectment of tenant ---Validity--Execution of registered sale deed by previous owner in

1995 SCMR 1407 SUPREME-COURT

Supreme Court · 1995

TAHIR HUSSAIN MALIK VS NAJMA RAFI Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--18 , Ss. 15 & 18---Constitution of Pakistan (1973), Art. 185---Ejectment application---Denial of relationship of landlady and tenant by alleged tenant--Rent Controller as also High Court ordered ejectment of tenant ---Validity--Execution of registered sale deed by previous owner in

1995 SCMR 1153 SUPREME-COURT

Supreme Court · 1995

MUHAMMAD TARIQ KHAN VS MUHAMMAD SHARIF KHAN SHINWARI Constitution of Pakistan 1973--185 , S. 17---Constitution of Pakistan (1973), Art. 185(3)---eviction of tenant from rented premises used inter alia as a hotel or restaurant---Notice of two years to such tenant before moving application for his ejectment being mandatory requirement, no such notice was admittedly given by landlord in writi

1995 SCMR 1153 SUPREME-COURT

Supreme Court · 1995

MUHAMMAD TARIQ KHAN VS MUHAMMAD SHARIF KHAN SHINWARI Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 S. 17---Constitution of Pakistan (1973), Art. 185(3)---eviction of tenant from rented premises used inter alia as a hotel or restaurant---Notice of two years to such tenant before moving application for his ejectment being mandatory requirement, no such not

1995 SCMR 1125 SUPREME-COURT

Supreme Court · 1995

MUHAMMAD RAMZAN VS GENERAL IRON STORES West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 13---Constitution of Pakistan (1973), Art. 185 (3)---Bona fide personal need of landlord---Leave to appeal was granted to examine, whether property owned by landlord which was with either his son-in-law or son or other tenant would constitu

1995 SCMR 1125 SUPREME-COURT

Supreme Court · 1995

MUHAMMAD RAMZAN VS GENERAL IRON STORES Constitution of Pakistan 1973--185 , S. 13---Constitution of Pakistan (1973), Art. 185 (3)---Bona fide personal need of landlord---Leave to appeal was granted to examine, whether property owned by landlord which was with either his son-in-law or son or other tenant would constitute bar for his seeking eviction of tenant on ground of personal requireme

1995 PLD 561 LAHORE-HIGH-COURT-LAHORE

Punjab · 1995

MUHAMMAD SHAFIQUE VS ZAHIDA BEGUM Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 S. 17---Civil Procedure Code (V of 1908), Preamble---Provisions of Civil Procedure Code, 1908???Applicability to proceedings in ejectment application? Scope???Civil Procedure Code, 1908, in its complete sense although does not apply to proceedings in applications for eviction

1995 PLD 561 LAHORE-HIGH-COURT-LAHORE

Punjab · 1995

MUHAMMAD SHAFIQUE VS ZAHIDA BEGUM Code of Civil Procedure 1908--PREAMBLE , S. 17---Civil Procedure Code (V of 1908), Preamble---Provisions of Civil Procedure Code, 1908---Applicability to proceedings in ejectment application- Scope---Civil Procedure Code, 1908, in its complete sense although does not apply to proceedings in applications for eviction of tenants yet when objection was taken

1995 MLD 1371 LAHORE-HIGH-COURT-LAHORE

Punjab · 1995

ABDUL HAMID GHAFFARI VS ZUBAIDA IHSANUL HAQ Qanun-e-Shahadat Order 1984--115 , ----S.13---Qanun-e-Shahadat (10 of 1984), Art. 115---Landlord and tenant, relationship of---Tenant while denying such relationship produced no evidence that such relation had ceased to exist---Tenant having once been inducted into premises by landlord could not subsequently deny his title; only exception to such

1995 MLD 1371 LAHORE-HIGH-COURT-LAHORE

Punjab · 1995

ABDUL HAMID GHAFFARI VS ZUBAIDA IHSANUL HAQ West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S.13---Qanun-e-Shahadat (10 of 1984), Art. 115---Landlord and tenant, relationship of---Tenant while denying such relationship produced no evidence that such relation had ceased to exist---Tenant having once been inducted into premise

1995 MLD 1155 LAHORE-HIGH-COURT-LAHORE

Punjab · 1995

SHAUKAT ALI VS MUHAMMAD AYUB West Pakistan Urban Rent Restriction Ordinance 1959--15 , ----Ss. 13(6) & 15---Rent Controller's tentative rent order ---Non-compliance--Tenant's defence was struck off for non-compliance of Rent Controller's order of deposit of tentative rent anti his eviction ordered---Order of Rent Controller was affirmed by First Appellate forum---Validity---Tenant had fail

1995 MLD 1155 LAHORE-HIGH-COURT-LAHORE

Punjab · 1995

SHAUKAT ALI VS MUHAMMAD AYUB West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----Ss. 13(6) & 15---Rent Controller's tentative rent order ---Non-compliance--Tenant's defence was struck off for non-compliance of Rent Controller's order of deposit of tentative rent anti his eviction ordered---Order of Rent Controller was affirmed b

1995 MLD 1002 LAHORE-HIGH-COURT-LAHORE

Punjab · 1995

MAHBOOB ILAHI KHAWAJA VS KHADIM HUSSAIN West Pakistan Urban Rent Restriction Ordinance 1959--15 , ----Ss. 13(2)(ii) & 15(6)---Subletting---Ejectment of tenant on ground of subletting was affirmed by First Appellate Court---Validity---Once occupation of third person was established on record, tenant had to show thereafter, the capacity in which that person was in possession--Evidence on rec

1995 MLD 1002 LAHORE-HIGH-COURT-LAHORE

Punjab · 1995

MAHBOOB ILAHI KHAWAJA VS KHADIM HUSSAIN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----Ss. 13(2)(ii) & 15(6)---Subletting---Ejectment of tenant on ground of subletting was affirmed by First Appellate Court---Validity---Once occupation of third person was established on record, tenant had to show thereafter, the capacity in

1995 MLD 974 LAHORE-HIGH-COURT-LAHORE

Punjab · 1995

MUHAMMAD IQBAL SHAFI VS PERVAIZ ALAMGIR SHAIKH Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 ----S. 17---Constitution of Pakistan (1973), Art. 199---Constitutional petition--Execution of eviction order---Petitioner, who had purchased 1/2 share of premises and had got possession thereof, with the collusion of tenant (after order of ejectment had been pass

1995 MLD 974 LAHORE-HIGH-COURT-LAHORE

Punjab · 1995

MUHAMMAD IQBAL SHAFI VS PERVAIZ ALAMGIR SHAIKH Constitution of Pakistan 1973--199 , ----S. 17---Constitution of Pakistan (1973), Art. 199---Constitutional petition--Execution of eviction order---Petitioner, who had purchased 1/2 share of premises and had got possession thereof, with the collusion of tenant (after order of ejectment had been passed against tenant) contended that he having b

1995 CLC 63 LAHORE-HIGH-COURT-LAHORE

Punjab · 1995

KHADIM HUSSAIN VS MAHBOOB ELAHI KHAWAJA West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 Ss. 13(2)(ii) & 15(6)---Ejectment of tenant on ground of subletting of premises---Person impleaded as sub-tenant was admittedly in occupation of premises any d lie had taken different stands on different occasions as to his capacity as occupi

1995 CLC 63 LAHORE-HIGH-COURT-LAHORE

Punjab · 1995

KHADIM HUSSAIN VS MAHBOOB ELAHI KHAWAJA West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13(2)(ii) & 15(6)---Ejectment of tenant on ground of subletting of premises---Person impleaded as sub-tenant was admittedly in occupation of premises any d lie had taken different stands on different occasions as to his capacity as occupier of the same---Evidence of tenant clearly showed t

1995 PLD 393 KARACHI-HIGH-COURT-SINDH

Sindh · 1995

ENGLISH COLD STORAGE CO. VS STATE LIFE INSURANCE CO. Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S 15(2)(iii)(a)---Subletting of premises ---Premises was rented out to a din registered firm consisting of four partners ---Later on original four partners c firm retired from partnership of firm and ceased to have any right, with interest, claim or concern i

1995 PLD 295 KARACHI-HIGH-COURT-SINDH

Sindh · 1995

ABDUL HANNAN PASHA VS M.C. Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15- --Default in payment of rent- --Proof-- -Tenant was admittedly served with notice of death of landlady and the factum that her heirs were new landlords-- -Despite such notice, tenant deposited rent in the name of deceased landlady which could have been accidental or uninten

1995 PLD 242 KARACHI-HIGH-COURT-SINDH

Sindh · 1995

PAUL NEWMAN VS ASMA KHAN Sindh Rented Premises Ordinance 1979--19 , Sindh Rented Premises Ordinance 1979 Ss. 15 & 19---Ex Parte order--- Personal bona fide need of landlord-- Tenant was served through process-server of Court, but service could not be effected on various, dates--- Notices were sent by registered post, but neither A.D. receipts nor envelope covering notices were returned to

1995 PLD 242 KARACHI-HIGH-COURT-SINDH

Sindh · 1995

PAUL NEWMAN VS ASMA KHAN Sindh Rented Premises Ordinance 1979--15 , Ss. 15 & 19---Ex Parte order--- Personal bona fide need of landlord-- Tenant was served through process-server of Court, but service could not be effected on various, dates--- Notices were sent by registered post, but neither A.D. receipts nor envelope covering notices were returned to the Court---Rent Controller directed

1995 MLD 1880 KARACHI-HIGH-COURT-SINDH

Sindh · 1995

MUHAMMAD MOOSA KHAWAJA VS MUHAMMAD UMAR Sindh Rented Premises Ordinance 1979--18 , ----Ss.15 & 18---Bona fide personal need of landlord---Proof---Landlord had acquired ownership of premises in question on 30-4-1991 and on 6-7-1991 he had sent notice to tenant under S.18 of the Ordinance requiring him to execute fresh agreement of tenancy and to pay rent to him as new owner---Such fact by i

1995 MLD 1880 KARACHI-HIGH-COURT-SINDH

Sindh · 1995

MUHAMMAD MOOSA KHAWAJA VS MUHAMMAD UMAR Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15(vii)---Bona fide personal need of landlord---Proof---Essentials--Landlord was required to prove "good faith" where he was seeking ejectment on the ground of personal requirement or use for himself or his spouse or any of his children--Landlord must allege and pro

1995 MLD 1146 KARACHI-HIGH-COURT-SINDH

Sindh · 1995

SATTAR VS ZAKI AHMAD Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15---Civil Procedure Code (V of 1908). O.XLI, R. 5(2)---Constitution of Pakistan (1973), Art. 199---Equitable relief, grant of---Petitioner filing Constitutional petition against interim order of Rent Controller, seeking protection of Court against his ejectment as a result of order

1995 MLD 1146 KARACHI-HIGH-COURT-SINDH

Sindh · 1995

SATTAR VS ZAKI AHMAD Civil Procedure Code --Order XLI of C.P.C. Appeals from Original Decrees--5 , ----S. 15---Civil Procedure Code (V of 1908). O.XLI, R. 5(2)---Constitution of Pakistan (1973), Art. 199---Equitable relief, grant of---Petitioner filing Constitutional petition against interim order of Rent Controller, seeking protection of Court against his ejectment as a result of order of

1995 MLD 1054 KARACHI-HIGH-COURT-SINDH

Sindh · 1995

CHARTERED BANK VS SHIRIN BAI Y. SAJJAN Sindh Rented Premises Ordinance 1979--6 , Sindh Rented Premises Ordinance 1979 ----Ss. 6 & 15(2)(i)---Ejectment after expiry of lease period---Premises in dispute was leased out to tenant Bank and initial lease agreement was executed for a period of three years with a clause for-renewal of lease for further period of three years and that practice cont

1995 MLD 820 KARACHI-HIGH-COURT-SINDH

Sindh · 1995

AMEERUL HASSAN KHAN VS ABDUL WAHEED Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15(2)(vii)---Personal bona fide need of landlord---Landlords were residing in ground floor of building whereas tenant was residing in first floor of building owned by landlords---Evidence on record had fully established that landlords were six brothers having a widow mo

1995 MLD 408 KARACHI-HIGH-COURT-SINDH

Sindh · 1995

AZIZUR REHMAN VS ABDUL KHALIQ Sindh Rented Premises Ordinance 1979--10 , Sindh Rented Premises Ordinance 1979 ----S.10---Mode of payment of rent---Tenant was under obligation to pay rent to landlord---Landlord on receipt of such rent would acknowledge receipt thereof in writing---Where landlord had refused or avoided to accept rent, law would permit tenant to send the same by money order o

1995 MLD 352 KARACHI-HIGH-COURT-SINDH

Sindh · 1995

MOHIB-E-ALI VS SHAHID HAFEEZ Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--1 , Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--2 , ----O.XXXIX, Rr.l & 2---Suit for specific performance of agreement--Request for ad interim injunction---Validity---Plaintiff's father being tenant his ejectment from pro

1995 MLD 163 KARACHI-HIGH-COURT-SINDH

Sindh · 1995

KHURSHEED AGHA VS HAJRA BI 1992 SCMR 46, PLD 1976 SC 469, Sindh Rented Premises Ordinance 1979--21 , ---Ss.15(2) & 21(1)---Ejectment application---Maintainability---Tenant contended that landlord, being fully conscious of death of original- tenant, having omitted to join two sons of original landlord as party to eviction application, application for ejectment had become incompetent and no

1995 CLC 931 KARACHI-HIGH-COURT-SINDH

Sindh · 1995

MUHAMMAD USMAN VS IQBAL HUSSAIN KHAN Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 Ss.14 & 15---Benefit of S.14, Sindh Rented Premises Ordinance, 1979--Provision contained in S.14 of the Ordinance was meant to benefit inter alia certain category of landlords who were about to retire or had retired or who were about to cross particular age---Such provision

1995 CLC 931 KARACHI-HIGH-COURT-SINDH

Sindh · 1995

MUHAMMAD USMAN VS IQBAL HUSSAIN KHAN Sindh Rented Premises Ordinance 1979--15 , Ss.14 & 15---Benefit of S.14, Sindh Rented Premises Ordinance, 1979--Provision contained in S.14 of the Ordinance was meant to benefit inter alia certain category of landlords who were about to retire or had retired or who were about to cross particular age---Such provision is in addition to those normal provis

1995 PLD 179 KARACHI-HIGH-COURT-SINDH

Sindh · 1995

ABDUL SHAKOOR VS ABDUL RAZZQUE-ABDUL SATTAR Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 Ss. 21(f) & 15---Relationship of landlord and tenant--- Proof--- Landlord means owner of premises and includes any person for the time being authorized or entitled to receive rent in respect of premises in question-- Respondents in the past had admittedly paid rent to

1995 CLC 569 KARACHI-HIGH-COURT-SINDH

Sindh · 1995

KHURSHID BEGUM VS S.C. KOU Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 S. 14---Application for ejectment of tenant, in terms of S. 14, Sindh Rented Premises Ordinance, 1979---Question of bona fides in such application, could not be looked into while considering need of landlady for requirement of such premises---Provisions of S. 14 of the Ordinance does

1995 CLC 564 KARACHI-HIGH-COURT-SINDH

Sindh · 1995

MUHAMMAD ASGHAR VS KHOLA DIN Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979--3 , Ss. 15, 16(2) & 3(2)---Non-compliance of Rent Controller's order for deposit of rent---Striking off tenant's defence---Validity---Tenant denying relationship of landlord and tenant on the ground that premises in question, belonged to Karachi Port Trust, which was exempted from

1995 CLC 564 KARACHI-HIGH-COURT-SINDH

Sindh · 1995

MUHAMMAD ASGHAR VS KHOLA DIN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 Ss. 15, 16(2) & 3(2)---Non-compliance of Rent Controller's order for deposit of rent---Striking off tenant's defence---Validity---Tenant denying relationship of landlord and tenant on the ground that premises in question, belonged to Karachi Port Trust, which was exempted from opera

1995 CLC 178 KARACHI-HIGH-COURT-SINDH

Sindh · 1995

RASHIDA AFSAR VS KAZI AND SONS Civil Procedure Code --Order I of C.P.C. Parties to Suits--10 , S. 15---Civil Procedure Code (V of 1908), 0.I, R.10---Application for ejectment against tenant-=-Necessary party---Wife of tenant moving application for being impleaded as a respondent in place of, or in addition to, her husband who was missing or unheard of since 1985 and that she and her childr

1995 CLC 178 KARACHI-HIGH-COURT-SINDH

Sindh · 1995

RASHIDA AFSAR VS KAZI AND SONS West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 15---Civil Procedure Code (V of 1908), 0.I, R.10---Application for ejectment against tenant-=-Necessary party---Wife of tenant moving application for being impleaded as a respondent in place of, or in addition to, her husband who was missing or unh

1994 SCMR 971 SUPREME-COURT

Supreme Court · 1994

FAKHRA JAVED VS NOOR ALI Constitution of Pakistan 1973--185 , ----S. 15---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal need of landlord ---Ejectment of tenant from shop in question on ground of personal need of landlady for starting business of garments and boutique--Leave to appeal was granted to consider, whether to start business of garments and boutique actual trai

1994 SCMR 971 SUPREME-COURT

Supreme Court · 1994

FAKHRA JAVED VS NOOR ALI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal need of landlord ---Ejectment of tenant from shop in question on ground of personal need of landlady for starting business of garments and boutique--Leave to appeal was granted to consider, whether to start bu

1994 SCMR 913 SUPREME-COURT

Supreme Court · 1994

NAJMA ASHRAF VS NOOR JEHAN Sindh Rented Premises Ordinance 1979--15 , -----Ss. 14` & 15---Application under S. 14, Sindh Rented Premises Ordinance, 1979 for summary eviction of tenant from a commercial premises on the ground that landlady who was ailing person, had attained the age of 61 years and was living with her crippled son on the top floor of the same building and they both found it

1994 SCMR 913 SUPREME-COURT

Supreme Court · 1994

NAJMA ASHRAF VS NOOR JEHAN Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 ----S. 14---Constitution of Pakistan (1973), Art: 185 (3)---Leave to appeal was granted to examine whether in view of the fact that landlady was in possession of residential accommodation on the top floor of the same building, could she press into service S. 14 of the Ordinance to see

1994 SCMR 913 SUPREME-COURT

Supreme Court · 1994

NAJMA ASHRAF VS NOOR JEHAN Constitution of Pakistan 1973--185 , ----S. 14---Constitution of Pakistan (1973), Art: 185 (3)---Leave to appeal was granted to examine whether in view of the fact that landlady was in possession of residential accommodation on the top floor of the same building, could she press into service S. 14 of the Ordinance to seek eviction of tenant from commercial premis

1994 SCMR 578 SUPREME-COURT

Supreme Court · 1994

HAMID ALI VS REHMAT ALI Transfer of Property Act 1882--113 , Transfer of Property Act 1882 ----S 113---Constitution of Pakistan (1973), Art. 185(3)---Suit for eviction of tenant---Acceptance of rent by landlord during pendency of suit for eviction by way of compromise ---Effect---Landlor's suit for eviction was decreed uptil High Court---Leave to appeal was granted to examine evidence on r

1994 SCMR 578 SUPREME-COURT

Supreme Court · 1994

HAMID ALI VS REHMAT ALI Constitution of Pakistan 1973--185 , ----S 113---Constitution of Pakistan (1973), Art. 185(3)---Suit for eviction of tenant---Acceptance of rent by landlord during pendency of suit for eviction by way of compromise ---Effect---Landlor's suit for eviction was decreed uptil High Court---Leave to appeal was granted to examine evidence on record in the light of contenti

1994 SCMR 2288 SUPREME-COURT

Supreme Court · 1994

ARSHAD MUHAMMAD KHAN VS KALSOOM BIBI West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---Death of original tenant---Default in payment of rent---Proof--Burden of proof of default in payment of rent was primarily on landlord---In absence of any allegation or satisfactory evidence determination of default committed by orig

1994 SCMR 2288 SUPREME-COURT

Supreme Court · 1994

ARSHAD MUHAMMAD KHAN VS KALSOOM BIBI Constitution of Pakistan 1973--185 , ----S. 13---Preamble---Constitution of Pakistan (1973), Art. 185(3)---Object of enforcement of West Pakistan Urban Rent Restriction Ordinance, 1959--Allegation of default in payment of rent----Failure to prove---Effect---Object of enforcement of West Pakistan Urban Rent Restriction Ordinance, 1959, was the protection

1994 SCMR 2037 SUPREME-COURT

Supreme Court · 1994

ABDUL GHANI VS ZAHOOR AHMED Constitution of Pakistan 1973--185 , -----S. 13---Constitution of Pakistan (1973), Art. 185(3)---Dispute relating to shop---Shop in dispute though not included in the -P.T.O. of petitioner, yet petitioner successfully got ejected tenant therein and got possession thereof--Shop in question was purchased in auction by respondents and they succeeded in getting poss

1994 SCMR 2037 SUPREME-COURT

Supreme Court · 1994

ABDUL GHANI VS ZAHOOR AHMED West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 -----S. 13---Constitution of Pakistan (1973), Art. 185(3)---Dispute relating to shop---Shop in dispute though not included in the -P.T.O. of petitioner, yet petitioner successfully got ejected tenant therein and got possession thereof--Shop in question w

1994 SCMR 1987 SUPREME-COURT

Supreme Court · 1994

MUHAMMAD HANIF BAIG VS ALI AKBAR West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal need of landlord---Order of eviction on said ground passed by Rent Controller was maintained by appellate forum as also by High Court in Constitutional jurisdiction---Vali

1994 SCMR 1987 SUPREME-COURT

Supreme Court · 1994

MUHAMMAD HANIF BAIG VS ALI AKBAR Constitution of Pakistan 1973--185 , ----S. 13---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal need of landlord---Order of eviction on said ground passed by Rent Controller was maintained by appellate forum as also by High Court in Constitutional jurisdiction---Validity---Question whether house in question, was required bona fide for the

1994 SCMR 1984 SUPREME-COURT

Supreme Court · 1994

MUHAMMAD IKRAM KHAN VS SETTLEMENT AND REHABILITATION COMMISSIONER, RAWALPINDI Displaced Persons (Compensation and Rehabilitation) Act 1958--10 , Displaced Persons (Compensation and Rehabilitation) Act 1958 ----S. 10---Constitution of Pakistan (1973), Art. 185(3)---Transfer of evacuee property---Entitlement---Petitioners were not found entitled to transfer of property in question---Rehabili

1994 SCMR 1984 SUPREME-COURT

Supreme Court · 1994

MUHAMMAD IKRAM KHAN VS SETTLEMENT AND REHABILITATION COMMISSIONER, RAWALPINDI Constitution of Pakistan 1973--185 , ----S. 10---Constitution of Pakistan (1973), Art. 185(3)---Transfer of evacuee property---Entitlement---Petitioners were not found entitled to transfer of property in question---Rehabilitation Authorities passing order of eviction against petitioners---Order of eviction having

1994 SCMR 1881 SUPREME-COURT

Supreme Court · 1994

TANVEER AKHTAR SIDDIQUI VS NAEEM JAN Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 ---S. 17---Application for ejectment of tenants---Non-joinder of all the (;j~ landlords in application for eviction---Effect---Such objection was not raised 'at any earlier stage before forums below---Had such objection been raised at an appropriate stage either rectificat

1994 PLD 84 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 1994

HAQ NAWAZ VS SAKINA West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13???Bona fide personal need of landlord???Landlord seeking eviction of tenant from two shops and one godown???No material was bought on record suggestive in the testimony of witnesses which might convincingly substantiate bona fide requirement pertaining to second shop or godown???Evidence on record merely de

1994 PLD 71 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 1994

KHAIRUNISSA VS ABDUL SAMMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , S.13(3) & (4)???Restoration of possession of demised premises to tenant-Prerequisites???Where landlord in pursuance of order of eviction did not himself or where premises had been got vacated for the occupation of any of his children, such child did not occupy the same within one month of the date of vaca

1994 PLD 184 PESHAWAR-HIGH-COURT

KPK · 1994

ABDUL JALIL VS HAMID FAROOQ West Pakistan Urban Rent Restriction Ordinance 1959--17 , S. 17---Execution of eviction order---Starting point of limitation--Limitation for submission of execution application would start from the date of final decree where appeal had been filed and not from the date of original decree: --[Limitation].

1994 PLD 55 PESHAWAR-HIGH-COURT

KPK · 1994

SAHIBZADA VS ROZI KHAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(2)(vi)---Ejectment of tenant on ground of reconstruction of property by landlord---Essentials---Landlord could seek eviction of tenant from rented building which he reasonably and in good faith required for reconstruction and had obtained necessary sanction for reconstruction of property from the concern

1994 CLC 2017 LAHORE-HIGH-COURT-LAHORE

Punjab · 1994

MUHAMMAD HANIF VS MUHAMMAD AFZAL West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S.13---Ejectment of shop was sought by landlord on grounds of default in rent and personal bona fide need for setting up of his personal business therein---Tenant submitted his defence by repudiating the tenancy and asserted that the landlord th

1994 CLC 1782 LAHORE-HIGH-COURT-LAHORE

Punjab · 1994

MUHAMMAD JEWAN BHATTI VS MUHAMMAD RAFIQ CHAUDHARY West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 13(6)---Payment of rent not denied---Appellant in his written statement had specifically averred that he had been depositing rent with Rent Controller and up to date rent stood paid---Rent Controller in face of such assertion, af

1994 CLC 1205 LAHORE-HIGH-COURT-LAHORE

Punjab · 1994

MUHAMMAD YOUSAF VS PHOOL MUHAMMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 13---Bona fide personal need of landlord and his son---Landlord has the prerogative to select any one of his shops for his use--Ground that the person/son had no experience in the business for which the landlord sought eviction was no ground for

1994 CLC 985 LAHORE-HIGH-COURT-LAHORE

Punjab · 1994

YASMIN SHAD VS AMINA BEGUM Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 S. 17(4)(a)---Personal bona fide need of landlord Ss. 17 & .24---Impleading of party???Persons seeking to be impleaded in ejectment proceedings, neither being tenants under landlord nor being parties to ejectment case, could not come in appeal against eviction order passed against l

1994 CLC 985 LAHORE-HIGH-COURT-LAHORE

Punjab · 1994

YASMIN SHAD VS AMINA BEGUM Cantonments Rent Restriction Act 1963--24 , Ss. 17 & .24---Impleading of party---Persons seeking to be impleaded in ejectment proceedings, neither being tenants under landlord nor being parties to ejectment case, could not come in appeal against eviction order passed against legal representatives of deceased original tenant.

1994 MLD 1884 LAHORE-HIGH-COURT-LAHORE

Punjab · 1994

AZHAR WALI MUHAMMAD VS TOOBA TAYYAB 1980 CLC 829, PLD 1982 Kar. 552, Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--24 , Cantonments Rent Restriction Act 1963 ----Ss. 17 (4) & 24---"Family"---Definition---Personal bona fide need of landlord---Rent Controller after considering evidence of witnesses of landlady who sought eviction of tenant on ground that

1994 MLD 1884 LAHORE-HIGH-COURT-LAHORE

Punjab · 1994

AZHAR WALI MUHAMMAD VS TOOBA TAYYAB 1980 CLC 829, PLD 1982 Kar. 552, Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--24 , Cantonments Rent Restriction Act 1963 ----Ss. 17 (4) & 24---"Family"---Definition---Personal bona fide need of landlord---Rent Controller after considering evidence of witnesses of landlady who sought eviction of tenant on ground that

1994 MLD 1552 LAHORE-HIGH-COURT-LAHORE

Punjab · 1994

SHER MUHAMMAD VS DARUL ULOOM USMANIA 1990 SCMR 1070, 1990 SCMR 777, PLD 1968 Lah. 863, PLD 1982 Lah. 657, PLD 1991 SC 265, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S.13---Application for ejectment of tenant---Ground for ejectment as stated in ejectment application was at variance with the evidence in support of eject

1994 MLD 1244 LAHORE-HIGH-COURT-LAHORE

Punjab · 1994

SAJJAD AHMAD VS MUHAMMAD YOUNAS 1986 SCMR 1981, 1991 CLC 1902, 1993 CLC 53, PLD 1966 Lah. 733, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S.13(3)(a)(ii)---Bona fide personal need of landlord---Personal bona fide need of landlord in respect of. shop in dispute was resisted by tenant contending that four other shops of l

1994 PLD 404 KARACHI-HIGH-COURT-SINDH

Sindh · 1994

AMJAD KHAN VS MUHAMMAD YAMEEN QURESHI Sindh Rented Premises Ordinance 1979--21 , ----S. 21---Bona fide personal need of landlady---Order of eviction of tenant was based on personal requirement of premises by landlady---Order of eviction had attained finality---Execution application was filed on behalf of landlady during her lifetime for implementation of ejectment order---Landlady died dur

1994 PLD 379 KARACHI-HIGH-COURT-SINDH

Sindh · 1994

ABDUL HAMEED VS HIFAZAT HUSSAIN JAFRI Sindh Rented Premises Ordinance 1979--21 , ----S. 21---Martial Law Order, 1978 (Zone `C') No.20---Order of eviction passed by Summary Military Court was ultimately set aside by High Court--Restitution of possession---Fact that possession in the meantime had been made over to third party was of little account for such third party was claiming under the

1994 PLD 319 KARACHI-HIGH-COURT-SINDH

Sindh · 1994

ABDUL QAYYU VS MUHAMMAD AZIM Sindh Rented Premises Ordinance 1979--22 , -----S. 22---Execution of ejectme4 order---Objection to ---Tenant/judgment debtor, during pendency of execution proceedings against him, had filed application alleging that landlord/decree-holder had entered into fresh agreement of tenancy with him after receiving certain amount from him and had also been receiving ren

1994 PLD 209 KARACHI-HIGH-COURT-SINDH

Sindh · 1994

ZOHRA BAI VS STANDARD INDUS. LTD. Landlord and Tenant--TERM , ---- Weakness of case of tenant cannot strengthen case of landlord seeking eviction for initial onus lies on landlord to substantiate the grounds put forth for ejectment of tenant and his case has to stand on its own legs.

1994 PLD 209 KARACHI-HIGH-COURT-SINDH

Sindh · 1994

ZOHRA BAI VS STANDARD INDUS. LTD. Sindh Rented Premises Ordinance 1979--15 , ----S. 15---Ejectment---Building or land being used as a factory whether falling within the ambit of Sindh Rented Premises Ordinance, 1979---Landlord can invoke provisions contained in S.15, Sindh Rented Premises Ordinance, 1979 in respect of premises which would mean a building or land let out on rent and would a

1994 PLD 206 KARACHI-HIGH-COURT-SINDH

Sindh · 1994

MUHAMMAD IQBAL VS ABDUL KARIM Sindh Rented Premises Ordinance 1979--15 , ----S. 15---Ejectment---Bona fide personal need of landlord---Landlord's plea was that he was suffering from heart ailment and found it difficult to climb stairs because of his recent heart surgery and it was inconvenient for him to live in second floor of the premises owned by his son, therefore, he needed premises i

1994 CLC 2422 KARACHI-HIGH-COURT-SINDH

Sindh · 1994

HALEEMA BANKER VS GHULAM RASOOL SAMROO Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 ----S. 14---Bona fide personal need of landlord---Plea of bona fide personal need lacking bona fides---Effect---Where landlady/landlord was admittedly 60 years of age she/he could be accorded benefit of S. 14, Sindh Rented Premises Ordinance, 1979, which for persons, trans

1994 CLC 2141 KARACHI-HIGH-COURT-SINDH

Sindh · 1994

MUHAMMAD SANAULLAH VS MEHRAN FEED INDUSTRIES LTD . Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15---Bona fide personal need of landlord---Landlord not approaching Court with clean hands and good faith---Effect---Landlord's attempt to seek eviction of tenant from the premises for his own use was not accepted in earlier round of litigation---Landlord, a

1994 CLC 2107 KARACHI-HIGH-COURT-SINDH

Sindh · 1994

MUMTAZ BEGUM VS IFTIKHAR HUSSAIN RIZVI Sindh Rented Premises Ordinance 1979--21 , Ss. 14 & 21---Personal bona fide need of landlord---Retirement of landlord---Where landlord was occupying a portion of same building for residential purposes, he could seek eviction of another portion of same building provided that he required it for commercial purpose---Landlord being in occupation of ground

1994 CLC 2107 KARACHI-HIGH-COURT-SINDH

Sindh · 1994

MUMTAZ BEGUM VS IFTIKHAR HUSSAIN RIZVI Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 Ss. 14 & 21---Personal bona fide need of landlord---Retirement of landlord---Where landlord was occupying a portion of same building for residential purposes, he could seek eviction of another portion of same building provided that he required it for commercial purpose---L

1994 CLC 1887 KARACHI-HIGH-COURT-SINDH

Sindh · 1994

MA. AYUB VS KHURSHID BEGUM Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 S. 14---Bona fide personal requirement of landlord---On having become widow, landlady served upon tenant notice under S. 14(1) of Ordinance requiring him to vacate premises---Landlady, being widow was well within her rights to seek eviction of tenant, especially when tenant had failed

1994 CLC 1875 KARACHI-HIGH-COURT-SINDH

Sindh · 1994

ATTIYA BADAR VS MUNSHI KHAN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15(2)(vii)---Personal bona fide need of landlord---eviction of tenant on ground of personal bona fide need of landlord, could be ordered if statement of landlord on oath as to requirement of premises for his personal use, was consistent with his averments made in his ejectment app

1994 PLD 20 KARACHI-HIGH-COURT-SINDH

Sindh · 1994

MUHAMMAD RAGHIB VS ABDUL RAZZAK Sindh Rented Premises Ordinance 1979--21 , ----Ss.15(2) & 21---Ejectment of tenant---Grounds of default in payment of rent as also reconstruction of building proved on evidence---Landlord was entitled to eviction of tenant---Order of ejectment was passed against tenant with direction to hand over vacant possession of premises to landlord forthwith---No time

1994 PLD 20 KARACHI-HIGH-COURT-SINDH

Sindh · 1994

MUHAMMAD RAGHIB VS ABDUL RAZZAK Sindh Rented Premises Ordinance 1979--15 , ----S.15(2)---Ejectment of tenant on ground of re-construction of building-Essentials---Only condition which landlord must fulfil to obtain order of eviction on basis of reconstruction of building was that he should have obtained an approved plan and an order of sanction from competent Authority---Landlord having do

1994 CLC 1302 KARACHI-HIGH-COURT-SINDH

Sindh · 1994

UBAIDUR RAZA KHAN VS SAGHERA BANO Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 S.21---Civil Procedure Code (V of 1908), O.XLI, R.22---Appeal---Landlord not filing cross-objections against those issues which were decided against him---Effect---Landlord can defend order of eviction of tenant even on the basis of an issue decided against him by Rent Controll

1994 CLC 1302 KARACHI-HIGH-COURT-SINDH

Sindh · 1994

UBAIDUR RAZA KHAN VS SAGHERA BANO Civil Procedure Code --Order XLI of C.P.C. Appeals from Original Decrees--22 , Civil Procedure Code --Order XLI of C.P.C. Appeals from Original Decrees S.21---Civil Procedure Code (V of 1908), O.XLI, R.22---Appeal---Landlord not filing cross-objections against those issues which were decided against him---Effect---Landlord can defend order of eviction of t

1994 CLC 1123 KARACHI-HIGH-COURT-SINDH

Sindh · 1994

MUHAMMAD AYUB KHAN VS ABDUL AZIZ BURNEY . Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 S. 21---Appeal by landlord on question of default only which was decided against him although ejectment of tenant was ordered on ground of personal requirement---Maintainability---Landlord who had succeeded in ejectment application, lodged on more grounds than one, one

1994 CLC 932 KARACHI-HIGH-COURT-SINDH

Sindh · 1994

M. IJAZ KHAN VS SHAHIDA IQBAL QARNI Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979 Ss. 2 (f) (g) & 15 (2) (vii)---Personal bona fide need of landlord---Person authorised to receive rent of premises on behalf of landlord, no doubt also fell within purview of definition of term landlord, but ejectment proceedings could not be instituted by such person against

1994 MLD 897 KARACHI-HIGH-COURT-SINDH

Sindh · 1994

SHABBIR AHMED VS DISTRICT JUDGE, SANGHAR 1981 SCMR 899, 1984 SCMR 228, 1984 SCMR 332, 1991 SCMR 1976, PLD 1982 SC 396, Code of Civil Procedure 1908--9 , ----S.2(2)---Civil Procedure Code (V of.1908), S..9---Jurisdiction to determine conflicting claims between two contestants of title---Evacuee property which also included disputed portion was purchased by plaintiffs predecessor in open au

1994 MLD 897 KARACHI-HIGH-COURT-SINDH

Sindh · 1994

SHABBIR AHMED VS DISTRICT JUDGE, SANGHAR 1981 SCMR 899, 1984 SCMR 228, 1984 SCMR 332, 1991 SCMR 1976, PLD 1982 SC 396, Evacuee Property and Displaced Persons Laws (Repeal) Act 1975--2 , Evacuee Property and Displaced Persons Laws (Repeal) Act 1975 ----S.2(2)---Civil Procedure Code (V of.1908), S..9---Jurisdiction to determine conflicting claims between two contestants of title---Evacuee p

1994 CLC 902 KARACHI-HIGH-COURT-SINDH

Sindh · 1994

MASHQOOR AHMED QADRI VS ALIYA BEGUM Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 S. 14---Ejectment of tenant after attaining age of 60 years by landlord--Landlord who let out premises before attaining age of 60 years, would be entitled to seek eviction of tenant after attaining age of 60 years even without establishing any bona fides.

1994 MLD 487 KARACHI-HIGH-COURT-SINDH

Sindh · 1994

SAGHIRUDDIN VS MUHAMMAD QASSIM 1988 SCMR 819, 1989 SCMR 538, Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15(2)(ii)---Default in payment of rent---Tenant had himself admitted that even after receipt of a notice for change of ownership of premises, he had not paid rent of premises to landlord till filing of eviction application by landlord although

1994 MLD 485 KARACHI-HIGH-COURT-SINDH

Sindh · 1994

DAULAT ROSHAN ALI VS SHAHNAZ BEGUM Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15(2)(vii)---Personal bona fide need of landlord---Case of landlady seeking ejectment of tenant on ground of personal requirement, was that she was residing with her five family members with her father-in-law who had entered into an agreement for sale of house where she

1994 MLD 442 KARACHI-HIGH-COURT-SINDH

Sindh · 1994

MUHAMMAD AKHTAR KHAN VS FAHIMUDDIN 1991 CLC 2039, Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---.-S.15(2)(vii)---Personal bona fide need of landlord---Landlord seeking ejectment of tenant on ground of personal bona fide need, had claimed that presently he was residing in a rented premises and, as such, had a right to shift to his own house---Landlord f

1994 MLD 418 KARACHI-HIGH-COURT-SINDH

Sindh · 1994

MOMIN BAI VS MUHAMMAD ISMAIL 1987 CLC 1134, 1987 CLC 148, 1989 CLC 252, PLD 1986 Kar. 74, Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979 ----Ss. 2(f)(j) & 15---Relationship of landlord and tenant---Landlord had purchased premises from its occupant and thereafter lease in respect of that premises was granted by Auth

1994 MLD 418 KARACHI-HIGH-COURT-SINDH

Sindh · 1994

MOMIN BAI VS MUHAMMAD ISMAIL 1987 CLC 1134, 1987 CLC 148, 1989 CLC 252, PLD 1986 Kar. 74, Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979 ----Ss. 2(f)(j) & 15---Relationship of landlord and tenant---Landlord had purchased premises from its occupant and thereafter lease in respect of that premises was granted by Auth

1994 MLD 84 KARACHI-HIGH-COURT-SINDH

Sindh · 1994

ANWAR-UL-HAQ VS JAMEELA BEGUM Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 ----S.17(2)(vi)---eviction of tenant on ground of reconstruction of premises--Landlord had not obtained necessary sanction for construction of a new building on site of the premises from Authority concerned before filing application for ejectment of tenant---Demolition of a build

1994 CLC 578 KARACHI-HIGH-COURT-SINDH

Sindh · 1994

SHABBIR VS ABDUL HANNAN Sindh Rented Premises Ordinance 1979--10 , Sindh Rented Premises Ordinance 1979 Ss.10 & 15(2)(ii)---Default in payment of rent---Landlords had alleged that tenant was a persistent defaulter in payment of rent of premises and had failed to pay rent for the last 85 months---Tenant denying default had contended that landlords had never issued any receipt from the very

1994 CLC 578 KARACHI-HIGH-COURT-SINDH

Sindh · 1994

SHABBIR VS ABDUL HANNAN Sindh Rented Premises Ordinance 1979--15 , Ss.10 & 15(2)(ii)---Default in payment of rent---Landlords had alleged that tenant was a persistent defaulter in payment of rent of premises and had failed to pay rent for the last 85 months---Tenant denying default had contended that landlords had never issued any receipt from the very beginning of tenancy--Rent Controller

1994 CLC 119 KARACHI-HIGH-COURT-SINDH

Sindh · 1994

WALI MUHAMMAD SHAH VS CHIEF ADMINISTRATOR, AUQAF, SINDH West Pakistan Waqf Properties Ordinance 1961--6-B , Ss. 6-A & 6-B---Jurisdiction of Civil Court---eviction of persons wrongfully in possession of Waqf properties---No order on record of Auqaf Department, showing that plaintiff had been termed to be an unauthorised occupant or that his tenancy with Auqaf Department had been terminated

1994 CLC 119 KARACHI-HIGH-COURT-SINDH

Sindh · 1994

WALI MUHAMMAD SHAH VS CHIEF ADMINISTRATOR, AUQAF, SINDH West Pakistan Waqf Properties Ordinance 1961--6-A , West Pakistan Waqf Properties Ordinance 1961 Ss. 6-A & 6-B---Jurisdiction of Civil Court---eviction of persons wrongfully in possession of Waqf properties---No order on record of Auqaf Department, showing that plaintiff had been termed to be an unauthorised occupant or that his tenan

1993 SCMR 1559 SUPREME-COURT

Supreme Court · 1993

MUHAMMAD IQBAL VS SAEEDA BANO Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15---Ejectment sought on bona fide need of landlady's son---Landlady's son not appearing as a witness to prove his bona fides---Effect---Bona fides of landlady's son could be established by examining attorney of landlady-Nonappearance of son would not be fatal to landlady's

1993 SCMR 200 SUPREME-COURT

Supreme Court · 1993

M. K. MUHAMMAD VS MUHAMMAD ABU BAKAR Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--21 , Transfer of Property Act 1882--105 , ----Ss.15 & 21---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13---Transfer of Property Act (IV of 1882), S.105----Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider whether agreement o

1993 SCMR 200 SUPREME-COURT

Supreme Court · 1993

M. K. MUHAMMAD VS MUHAMMAD ABU BAKAR Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--21 , Transfer of Property Act 1882--105 , ----Ss.15 & 21---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13---Transfer of Property Act (IV of 1882), S.105----Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider whether agreement o

1993 SCMR 200 SUPREME-COURT

Supreme Court · 1993

M. K. MUHAMMAD VS MUHAMMAD ABU BAKAR Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--21 , Transfer of Property Act 1882--105 , ----Ss.15 & 21---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13---Transfer of Property Act (IV of 1882), S.105----Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider whether agreement o

1993 SCMR 200 SUPREME-COURT

Supreme Court · 1993

M. K. MUHAMMAD VS MUHAMMAD ABU BAKAR Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----Ss.15 & 21---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13---Transfer of Property Act (IV of 1882), S.105----Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider whether agreement of tenancy containing admission with r

1993 SCMR 141 SUPREME-COURT

Supreme Court · 1993

MUHAMMAD YOUNIS VS MUQADAM SULTAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S.13---Constitution of Pakistan (1973), Art.185(3)---Imposition of compensatory costs---eviction of tenant---Order of eviction against tenant (petitioner) was maintained. up to Supreme Court---Landlady having died during execution proceedings t

1993 PLD 471 SUPREME-COURT

Supreme Court · 1993

GHULAM FATIMA VS MUHAMMAD YAQOOB KHAN Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--23 , Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973--199 , ---- OXXI, R. 23 --- Constitution of Pakistan (1973), Arts.185(3) & 199--Execution of decree for eviction --- Objection to --- Validity --- Petitioner on basis of a conveyance of the year 1958 for Rs

1993 PLD 471 SUPREME-COURT

Supreme Court · 1993

GHULAM FATIMA VS MUHAMMAD YAQOOB KHAN Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--23 , Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973--199 , ---- OXXI, R. 23 --- Constitution of Pakistan (1973), Arts.185(3) & 199--Execution of decree for eviction --- Objection to --- Validity --- Petitioner on basis of a conveyance of the year 1958 for Rs

1993 PLD 129 LAHORE-HIGH-COURT-LAHORE

Punjab · 1993

SOOKHI VS THE PUNJAB PROVINCE Displaced Persons (Compensation and Rehabilitation) Act 1958--10 , ---- Sched., para. 24 --- Settlement Scheme No.1, para. 36 --- Settlement Scheme No.VIII, paras. 2 & 3-A --- Notice to defaulting transferees for payment of balance price before issuing process of. cancellation of transferred property, a prerequisite --- Para. 36 of Settlement Scheme No.1 and p

1993 MLD 2512 LAHORE-HIGH-COURT-LAHORE

Punjab · 1993

ABDUL QADEER VS NASEEM AKHTAR West Pakistan Urban Rent Restriction Ordinance 1959--15 , ----Ss.13(3)(a)(ii) & 15---Personal bona fide need of landlady---Landlady seeking eviction of tenant had contended that she required shop in dispute for use of her grown-up son and that she had thirteen children and income from her husband's shop was not enough to feed her large family---Evidence on rec

1993 MLD 2512 LAHORE-HIGH-COURT-LAHORE

Punjab · 1993

ABDUL QADEER VS NASEEM AKHTAR West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----Ss.13(3)(a)(ii) & 15---Personal bona fide need of landlady---Landlady seeking eviction of tenant had contended that she required shop in dispute for use of her grown-up son and that she had thirteen children and income from her husband's shop was n

1993 CLC 655 LAHORE-HIGH-COURT-LAHORE

Punjab · 1993

MUHAMMAD TUFAIL VS VIRAN BIBI West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 13(6)---Tentative rent order---Rent Controller should act with prudence and make a rational and fair order---Essentials for determination of pre-trial rent---Tenant's right to challenge at the final stage, after his defence as defaulter was struck o

1993 MLD 707 LAHORE-HIGH-COURT-LAHORE

Punjab · 1993

MUHAMMAD RIAZ CHUGHTAI VS IRSHAD BEGUM PLD 1984 SC 17, PLD 1985 SC 1, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , West Pakistan Urban Rent Restriction Ordinance 1959 ----Ss.2(c)(i) & 13---Relationship of landlord and tenant---Denial of---Effect--Tenant denied existence of relationship of landlord and tenant between par

1993 MLD 707 LAHORE-HIGH-COURT-LAHORE

Punjab · 1993

MUHAMMAD RIAZ CHUGHTAI VS IRSHAD BEGUM PLD 1984 SC 17, PLD 1985 SC 1, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , West Pakistan Urban Rent Restriction Ordinance 1959 ----Ss.2(c)(i) & 13---Relationship of landlord and tenant---Denial of---Effect--Tenant denied existence of relationship of landlord and tenant between par

1993 MLD 321 LAHORE-HIGH-COURT-LAHORE

Punjab · 1993

SABIR ALI VS ZUBAIDA BIBI West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S.13(3)(a)(ii)---Personal need of landlord for non-residential building--Landlady was not legally debarred from seeking eviction of a tenant from non residential building for doing business---Landlady could run her business through a servant or otherwi

1993 MLD 258 LAHORE-HIGH-COURT-LAHORE

Punjab · 1993

ANNAT BIBI VS DISTRICT JUDGE,,VEHARI Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S.13---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.30---Relationship of landlord and tenant---Proof---Statutory notice whether essential after repeal of Evacuee Laws---Evacuee plot in question,

1993 MLD 258 LAHORE-HIGH-COURT-LAHORE

Punjab · 1993

ANNAT BIBI VS DISTRICT JUDGE,,VEHARI Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S.13---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.30---Relationship of landlord and tenant---Proof---Statutory notice whether essential after repeal of Evacuee Laws---Evacuee plot in question,

1993 CLC 277 LAHORE-HIGH-COURT-LAHORE

Punjab · 1993

GULZAR AHMAD VS ADDITIONAL DISTRICT JUDGE, JHANG West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---Ejectment---Tenant denying title of landlord and making attornment to holder of paramount title---Effect---Tenant having been inducted into possession of premises in question, by landlord, after constructing the same coul

1993 PLD 496 KARACHI-HIGH-COURT-SINDH

Sindh · 1993

SARA BAI VS GODHRA MUSLIM Sindh Rented Premises Ordinance 1979--15 , S. 15(2)(vii) --- Personal bona ride need of landlord --- One of the co-sharers in. premises could seek eviction of tenant on ground of personal bona tide requirement, even if premises was not required by all other cosharers. ---- S. 15(2)(vii) --- Personal bona fide need --- Evidence on record had fully proved that famil

1993 CLC 2511 KARACHI-HIGH-COURT-SINDH

Sindh · 1993

KHURSHEED ALI JAFFERY VS JAMILUDDIN SIDDIQUI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15---Bona fide requirement of premises by landlord owner for personal use or for use of his children---Essentials---Landlord/owner was required to state in his application, only the material facts, i.e., facts which constituted cause of action alongwith those

1993 CLC 2245 KARACHI-HIGH-COURT-SINDH

Sindh · 1993

MUHAMMAD YAQUB VS ESSAJEE EBRAHIMJEE AND CO Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15 (2) (iii) (a)---Subletting---Tenant had himself admitted in his written statement that a part of premises in dispute was sublet by his son with his consent, but not with consent of landlord---Mere handing over possession of premises or even part thereof to anoth

1993 CLC 1951 KARACHI-HIGH-COURT-SINDH

Sindh · 1993

ABDUL LATIF VS AKHTAR ALI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15 (2) (vii)---Personal bona tide need of landlord---Premises in dispute which were needed by landlord for commercial purposes were two shops and one of said shops was being used by tenant for his residential purpose with tacit approval of landlords---Tenant had contended that landl

1993 CLC 1807 KARACHI-HIGH-COURT-SINDH

Sindh · 1993

NASIR ALI VS MUHAMMAD HALEEM Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15(2)(vii)---Personal bona fide need of landlord---In order to deprive tenant of his valuable right of tenancy under Cl. (vii) of S.15(2) of Ordinance, his eviction could only be ordered in cases when landlord had strictly proved by clear and unambiguous evidence that premises we

1993 CLC 1602 KARACHI-HIGH-COURT-SINDH

Sindh · 1993

MUMTAZ AHMED VS RAZIA ZAHEER Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15 (2) (ii)----'transfer of Property Act (IV of 1882), S. 8---Defaylt in payment of rent---Original landlord who had filed ejectment application against tenant on ground of default died during pendency of application and his daughter applied to be joined as party on basis of

1993 CLC 1602 KARACHI-HIGH-COURT-SINDH

Sindh · 1993

MUMTAZ AHMED VS RAZIA ZAHEER Transfer of Property Act 1882--8 , ----S. 15 (2) (ii)----'transfer of Property Act (IV of 1882), S. 8---Defaylt in payment of rent---Original landlord who had filed ejectment application against tenant on ground of default died during pendency of application and his daughter applied to be joined as party on basis of acquisition of exclusive ownership rights und

1993 CLC 1346 KARACHI-HIGH-COURT-SINDH

Sindh · 1993

FAROOQ HASSAN VS RIZWANA SYED Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979 S16 (1) (2)---Striking off defence of tenant---Tenant who had failed to deposit arrears of rent and future rent in compliance with tentative rent order of-Rent Controller, even after order of eviction was passed against him, had not filed objections to application filed by landlord

1993 MLD 2231 KARACHI-HIGH-COURT-SINDH

Sindh · 1993

MAIMUNA BAI (MRS.) VS NOORUDDIN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15(2)(vii)---Personal bona fide need of landlord---Evidence brought on record had fully established that family of landlord seeking eviction of tenant on ground of personal need, consisted of his four grown-up sons, two unmarried daughters and his wife---Two of the sons wer

1993 CLC 1080 KARACHI-HIGH-COURT-SINDH

Sindh · 1993

ABDUL MAJID KARIM VS ORIENT PAKISTAN LTD. Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15---Personal bona fide requirement of landlord---Essentials---Landlord, :on basis of a statement simpliciter without justifying the requirement for personal bona fide need was not entitled to eviction order against his tenant--Landlord was required to refer to the c

1993 MLD 1823 KARACHI-HIGH-COURT-SINDH

Sindh · 1993

AZEEM BAIG VS ABDUL ANIS Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15(2)(vii)---Personal bona fide need of landlord---Landlord had sought eviction of tenant from premises in dispute on ground that premises was required for his son to start his business therein---Neither it was case of tenant nor it could be proved during cross-examination of land

1993 CLC 1076 KARACHI-HIGH-COURT-SINDH

Sindh · 1993

FAZAL HUSSAIN VS MAHMOOD HUSSAIN Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 S. 21---Appeal---Limitation---Ex' parte order of eviction was totally illegal order and came to the knowledge of the tenant only when execution was issued and attempt was made to implement such order---As per averments of tenant, which remained uncontroverted on record, he came

1993 MLD 1745 KARACHI-HIGH-COURT-SINDH

Sindh · 1993

MUHAMMAD IQBAL VS MANAGER (AUQAF) EAST Constitution of Pakistan 1973--199 , Sindh Waqf Properties Ordinance 1979--10 , Sindh Waqf Properties Ordinance 1979--9 , ----Ss. 8, 9 & 10---Constitution of Pakistan (1973), Art.199---Principles of natural justice---Violation of---Shop in possession of petitioner as tenant under Authority, was put to auction on allegation of sub-letting and after the

1993 MLD 1745 KARACHI-HIGH-COURT-SINDH

Sindh · 1993

MUHAMMAD IQBAL VS MANAGER (AUQAF) EAST Constitution of Pakistan 1973--199 , Sindh Waqf Properties Ordinance 1979--10 , Sindh Waqf Properties Ordinance 1979--9 , ----Ss. 8, 9 & 10---Constitution of Pakistan (1973), Art.199---Principles of natural justice---Violation of---Shop in possession of petitioner as tenant under Authority, was put to auction on allegation of sub-letting and after the

1993 MLD 1745 KARACHI-HIGH-COURT-SINDH

Sindh · 1993

MUHAMMAD IQBAL VS MANAGER (AUQAF) EAST Sindh Waqf Properties Ordinance 1979--8 , Sindh Waqf Properties Ordinance 1979 ----Ss. 8, 9 & 10---Constitution of Pakistan (1973), Art.199---Principles of natural justice---Violation of---Shop in possession of petitioner as tenant under Authority, was put to auction on allegation of sub-letting and after the auction same was handed over to auction-pu

1993 MLD 1530 KARACHI-HIGH-COURT-SINDH

Sindh · 1993

AMIN AKHTAR JAMI VS JAHANGIR ALAM Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 ----S.14---Ejectment on ground of retirement of landlord---Landlord would become disqualified to seek eviction from "the building" or "the portion", if he had let out the same building or the same portion thereof, subsequent to his becoming entitled to evict tenant under enabli

1993 MLD 1447 KARACHI-HIGH-COURT-SINDH

Sindh · 1993

ABDUL AZIZ VS YAHYA Sindh Rented Premises Ordinance 1979--18 , ----Ss.15 & 18---Change of ownership of premises---Effect---Original owner filed application against tenant on ground of default in payment of rent--- During pendency of case original owner sold premises in dispute to present landlords who were his son and daughters---Tenant contended that he could not be evicted in respect of

1993 MLD 1447 KARACHI-HIGH-COURT-SINDH

Sindh · 1993

ABDUL AZIZ VS YAHYA Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----Ss.15 & 18---Change of ownership of premises---Effect---Original owner filed application against tenant on ground of default in payment of rent--- During pendency of case original owner sold premises in dispute to present landlords who were his son and daughters---Tenant contended that h

1993 MLD 1441 KARACHI-HIGH-COURT-SINDH

Sindh · 1993

BOOTI (MST.) VS ASHIQ ALI Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979 ----S.2(j)---"Tenant"---Heirs of tenant---Right to become statutory tenants--Requirement ---Non-joinder of those heirs of tenant who were not in occupation of premises---Effect---Only those legal heirs, who were actually in possession or occupation of the premises after the death of the

1993 MLD 1424 KARACHI-HIGH-COURT-SINDH

Sindh · 1993

AZIZUDDIN VS MUHAMMAD ANWAR Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979 ----S.2(f)6)---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.30---Relationship of landlord and tenant---Since repeal of Evacuee Laws all protections against eviction available to occupants under S.30 of Act, 1958, had ceased to exist and could no more be

1993 MLD 1424 KARACHI-HIGH-COURT-SINDH

Sindh · 1993

AZIZUDDIN VS MUHAMMAD ANWAR Displaced Persons (Land Settlement) Act 1958--30 , ----S.2(f)6)---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.30---Relationship of landlord and tenant---Since repeal of Evacuee Laws all protections against eviction available to occupants under S.30 of Act, 1958, had ceased to exist and could no more be pressed---Relationship of pa

1993 MLD 477 KARACHI-HIGH-COURT-SINDH

Sindh · 1993

RAZIA SULTANA VS WATER AND POWER DEVELOPMENT AUTHORITY Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15(2)(vii)---Personal bona fide need of landlord---Before seeking eviction of a tenant on ground of personal requirement for self or for members of his family, landlord has to establish his requirement to be bona fide---Mere ipse dixit of landlord th

1993 MLD 404 KARACHI-HIGH-COURT-SINDH

Sindh · 1993

RAEESA BEGUNI VS ALI ZAFAR NAQVI Sindh Rented Premises Ordinance 1979--15 , ----Ss. 14 & 15---Bona fides and good faith---Establishment---It was only in case where landlord had sought eviction of tenant under S.15 of Ordinance 1979 that bona fides or good faith were required to be established by landlord in order to succeed in evicting his tenant from premises in dispute---Law had not plac

1993 MLD 391 KARACHI-HIGH-COURT-SINDH

Sindh · 1993

SHAUKAT FAIZI VS NIGHAT BASHIR Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---S.15(2)(vii)---Earlier case filed by mother of landlady on ground of personal need was finally dismissed-- Later on mother gifted away premises in dispute to daughter who filed fresh case against tenant on ground of personal need--Evidence led by daughter was also led by her in

1993 CLC 662 KARACHI-HIGH-COURT-SINDH

Sindh · 1993

MUHAMMAD SHAHEEN VS MISS SULTAN JEHAN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15---Personal bona fide need of landlord---Affidavits-in-evidence respectively of landlady and tenant and his witness, being on the file, landlady was cross-examined while tenant and his witness having been absent consecutively on four dates of hearing for cross-exam

1993 CLC 543 KARACHI-HIGH-COURT-SINDH

Sindh · 1993

HUSSAIN ZAIDI VS ZAHEER UMER Sindh Rented Premises Ordinance 1979--22 , Sindh Rented Premises Ordinance 1979 S. 22---eviction in terms of compromise---Execution---Once an order of eviction had been passed and varied subsequently on compromise, same would remain order of eviction irrespective of its later modification and could be enforced in its varied version---Where relevant, agreed term

1993 CLC 528 KARACHI-HIGH-COURT-SINDH

Sindh · 1993

Z. SHIRAZEE VS ABDUL QADIR Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979 ----Ss. 2(i) & 15---"Rent"---Definition and scope---eviction of tenant was sought by landlord on ground of non-payment of water, conservancy and betterment taxes by tenant---Tenancy agreement arrived at between parties did not provide that tenant would be liable to pay water and conser

1993 CLC 528 KARACHI-HIGH-COURT-SINDH

Sindh · 1993

Z. SHIRAZEE VS ABDUL QADIR Sindh Rented Premises Ordinance 1979--15 , ----Ss. 2(i) & 15---"Rent"---Definition and scope---eviction of tenant was sought by landlord on ground of non-payment of water, conservancy and betterment taxes by tenant---Tenancy agreement arrived at between parties did not provide that tenant would be liable to pay water and conservancy charges and betterment tax---T

1993 CLC 505 KARACHI-HIGH-COURT-SINDH

Sindh · 1993

CHUNG YING HSIUNG VS SEEMA SAEED Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15 (2) (vii)---Personal bona fide need of landlord---Once it was' established that premises in question was required by landlord in good faith, Rent Controller was left with no other option but to order eviction of the tenant---Landlord was not obliged to make out a case of-a

1993 CLC 481 KARACHI-HIGH-COURT-SINDH

Sindh · 1993

AMIR HYDER ABIDI VS MUHAMMAD IQBAL Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----Ss. 15(2)(vii) & 2(h)---Personal bona fide need of landlord---No distinction having been made by Ordinance, 1979 between residential and non-residential premises, a landlord could maintain eviction application in respect of residential premises required by him in good fait

1993 CLC 412 KARACHI-HIGH-COURT-SINDH

Sindh · 1993

RAHMAT KHAN VS ABDUL RAZZAQUE Sindh Rented Premises Ordinance 1979--10 , Ss. 15 (2) (ii) & 10---Default in payment of rent---Evidence on record had established that tenant offered disputed rent to landlord, but landlord refused to receive same and demanded enhancement of rent---Tenant, after such refusal tendered rent through money orders, which were also refused and it was thereafter the

1993 CLC 175 KARACHI-HIGH-COURT-SINDH

Sindh · 1993

AMJAD KHAN VS MARIAM Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15(2)(vii)---Personal bona fide need of landlord---Jurisdiction of Rent Controller to order eviction of tenant on ground of personal requirement in good faith, was dependent on his satisfaction that claim of landlord was bona fide and that such requirement was in good faith---Demand

1993 PTD 1415 DELHI-HIGH-COURT-INDIABookmark this Case

1993

COMMISSIONER OF INCOME-TAX VS MODI INDUSTRIES LTD. (NOA) Income Tax--TERM , ----House property---Annual value---Property which is let out---Covered by Rent Control-Law ---Agreed rent being fair rent under Rent Control Law---To be taken as annual value---Indian Income Tax Act, 1961, S.23---U.P. (Temporary) Control of Rent and eviction Act, 1947.

1993 PTD 1415 DELHI-HIGH-COURT-INDIABookmark this Case

1993

COMMISSIONER OF INCOME-TAX VS MODI INDUSTRIES LTD. (NOA) Income Tax--TERM , ----House property---Annual value---Property which is let out---Covered by Rent Control-Law ---Agreed rent being fair rent under Rent Control Law---To be taken as annual value---Indian Income Tax Act, 1961, S.23---U.P. (Temporary) Control of Rent and eviction Act, 1947.

1992 SCMR 1170 SUPREME-COURT

Supreme Court · 1992

GHULAM SAMDANI VS ABDUL HAMEED Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 ----S. 17---Default---Landlord and tenant, relationship of---Appellant was successor-in-interest of a lady, who besides the decree of exclusive ownership in her favour, was also the daughter and heir of the original owner/landlord and was by operation of law one of-the landlords

1992 SCMR 1158 SUPREME-COURT

Supreme Court · 1992

M.S. BAROBA VS MANZOOR AHMAD Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 ----S.14---Bona fide personal need of landlord---Determination of---Extent--Landlord, under provision of S.14, Sindh Rented Premises Ordinance, 1979, was relieved from the rigours of elaborate inquiry as to the good faith or hiss plea for requirement of the premises for personal use

1992 SCMR 833 SUPREME-COURT

Supreme Court · 1992

MUHAMMAD SABIR VS MUSHARRAF ALI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15---Constitution of Pakistan (1973), Art.185(3)---Ejectment of tenant-- Rent Controller being not satisfied either with the bona fides or with the personal need of landlord, refused to order ejectment of tenant---High Court in appeal, reversed the finding of Rent Controlle

1992 SCMR 833 SUPREME-COURT

Supreme Court · 1992

MUHAMMAD SABIR VS MUSHARRAF ALI Constitution of Pakistan 1973--185 , ----S.15---Constitution of Pakistan (1973), Art.185(3)---Ejectment of tenant-- Rent Controller being not satisfied either with the bona fides or with the personal need of landlord, refused to order ejectment of tenant---High Court in appeal, reversed the finding of Rent Controller by upholding personal need of landlord an

1992 PLD 85 SUPREME-COURT

Supreme Court · 1992

ABDUL SAJOOD VS ADDL. SETTLEMENT COMMISSIONER LAHORE DIV. LAHORE. Displaced Persons (Compensation and Rehabilitation) Act 1958--10 , Displaced Persons (Compensation and Rehabilitation) Act 1958--34 , Evacuee Property and Displaced Persons Laws (Repeal) Act 1975--2 , Pakistan (Administration of Evacuee Property) Act 1957--22 , S. 22---Displaced Persons (Compensation and Rehabilitation) Act

1992 PLD 85 SUPREME-COURT

Supreme Court · 1992

ABDUL SAJOOD VS ADDL. SETTLEMENT COMMISSIONER LAHORE DIV. LAHORE. Displaced Persons (Compensation and Rehabilitation) Act 1958--10 , Displaced Persons (Compensation and Rehabilitation) Act 1958--34 , Evacuee Property and Displaced Persons Laws (Repeal) Act 1975--2 , Pakistan (Administration of Evacuee Property) Act 1957--22 , S. 22---Displaced Persons (Compensation and Rehabilitation) Act

1992 PLD 85 SUPREME-COURT

Supreme Court · 1992

ABDUL SAJOOD VS ADDL. SETTLEMENT COMMISSIONER LAHORE DIV. LAHORE. Displaced Persons (Compensation and Rehabilitation) Act 1958--10 , Displaced Persons (Compensation and Rehabilitation) Act 1958--34 , Evacuee Property and Displaced Persons Laws (Repeal) Act 1975--2 , Pakistan (Administration of Evacuee Property) Act 1957--22 , S. 22---Displaced Persons (Compensation and Rehabilitation) Act

1992 SCMR 1959 SUPREME-COURT

Supreme Court · 1992

UNITED BAKERY VS HASSAN SIDDIQUI PLD 1982 SC 465, Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15---Ejectment of tenant was sought on ground of default---Landlord failed to appear for cross-examination and his side was closed by Rent Controller---Tenant in his affidavit explained that landlord had refused rent and money orders and rent was deposite

1992 SCMR 1959 SUPREME-COURT

Supreme Court · 1992

UNITED BAKERY VS HASSAN SIDDIQUI Constitution of Pakistan 1973--185 , ----S.15---Constitution of Pakistan (1973), Art.185(3)---eviction was granted by Rent Controller on the ground of default and the High Court after remarking in the impugned judgment that it was a peculiar case in which on failure of landlord to lead evidence, evidence of tenant was appreciated and default was held to be

1992 PLC 353 LABOUR-APPELLATE-TRIBUNAL-SINDH

Sindh · 1992

MUHAMMAD YOUSUF JAT VS GENERAL MANAGER (COORDINATION/ADMN./PR), SHAH MURAD SUGAR MILLS West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance 1968--S.O. 16 , West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance 1968 ----S.O. 16---eviction of employee from residential accommodation--Provisions of S.d.16 of Ordinance would come into operation

1992 PLD 448 LAHORE-HIGH-COURT-LAHORE

Punjab · 1992

MUHAMMAD AFZAL VS MUNCIPAL CORPN. West Pakistan Urban Rent Restriction Ordinance 1959--13 , S.13 --- Ejectment of tenants on ground of reconstruction of premises in question --- Landlords had got sanctioned map for reconstruction of premises -- Such right had been guaranteed by provision of S.13, West Pakistan Urban Rent Restriction Ordinance, 1959, which in turn had also secured interest

1992 PCRLJ 1194 LAHORE-HIGH-COURT-LAHORE

Punjab · 1992

THE STATE VS MUHAMMAD ASLAM Criminal Procedure Code (Cr.P.C) 1898--417 , ---S. 448---Criminal Procedure Code (V of 1898), S.417---Appeal against acquittal---Appreciation of evidence---Accused alongwith Bailiff of Court trespassed into the house of complainant allegedly in pursuance of a warrant of eviction of lower portion of the house of which upper portion was occupied by complainant---J

1992 PCRLJ 1194 LAHORE-HIGH-COURT-LAHORE

Punjab · 1992

THE STATE VS MUHAMMAD ASLAM Pakistan Penal Code 1860--448 , Pakistan Penal Code ---S. 448---Criminal Procedure Code (V of 1898), S.417---Appeal against acquittal---Appreciation of evidence---Accused alongwith Bailiff of Court trespassed into the house of complainant allegedly in pursuance of a warrant of eviction of lower portion of the house of which upper portion was occupied by complain

1992 MLD 1218 LAHORE-HIGH-COURT-LAHORE

Punjab · 1992

KARAM ALI VS THE STATE Constitution of Pakistan 1973--199 , ----S.13---Constitution of Pakistan (1973), Art.199---Constitutional petition--Alternate remedy available---Effect---Petitioner tenant was given several opportunities to produce evidence after framing of the issues but he failed to do so and his. evidence was closed and case was fixed for arguments---Held; application for ejectmen

1992 MLD 1218 LAHORE-HIGH-COURT-LAHORE

Punjab · 1992

KARAM ALI VS THE STATE West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S.13---Constitution of Pakistan (1973), Art.199---Constitutional petition--Alternate remedy available---Effect---Petitioner tenant was given several opportunities to produce evidence after framing of the issues but he failed to do so and his. evidence was

1992 MLD 860 LAHORE-HIGH-COURT-LAHORE

Punjab · 1992

STATE BANK OF PAKISTAN THROUGH DEPUTY DIRECTOR VS MUHAMMAD SALEEM West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S.13---Relationship of landlord and tenant---Respondent although denying to be tenant of property in question, yet in the face of evidence produced by petitioner landlord in the shape of rent deed, the respondent

1992 MLD 115 LAHORE-HIGH-COURT-LAHORE

Punjab · 1992

CH. MAZHAR ALI VS DEPUTY COMMISSIONER, ISLAMABAD West Pakistan Requisitioning of Immovable Property (Temporary Powers) Act 1956--3 , West Pakistan Requisitioning of Immovable Property (Temporary Powers) Act 1956 ----S.3(1), 4th proviso---Constitution of Pakistan (1973), Act. 199--Requisitioning of house---Notice---Person in physical possession of house sought to be requisitioned, was entit

1992 CLC 192 LAHORE-HIGH-COURT-LAHORE

Punjab · 1992

SINGER PAKISTAN LIMITED VS AIN-UL-HAQ Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 S. 17---eviction of tenant sought on ground of reconstruction of demised premises---Owner had every right to improve his property to augment its value and utility---Relevant Laws were not intended to arrest improvement of properties and the right of owner to better such p

1992 CLC 2504 KARACHI-HIGH-COURT-SINDH

Sindh · 1992

AHMAD VS KHAIR MUHAMMAD. Sindh Rented Premises Ordinance 1979--PREAMBLE , Sindh Rented Premises Ordinance 1979 Preamble--Pugree" not recognized in Sindh Rented Premises Ordinance, 1979---Effect---"Pugree" having not been recognized in Sindh Rented Premises Ordinance, 1979, question of its applicability in case instituted under the Ordinance would no arise---Plea that "Pugree" being a reali

1992 CLC 2307 KARACHI-HIGH-COURT-SINDH

Sindh · 1992

MUHAMMAD KHALID VS FAKHRUDDIN Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979 S.2 (f) (g) --- Landlord whenever statute had conferred a right on a landlord to seek eviction on ground of "personal use", word "landlord" was used in its elementary or basic sense of owner of property alone as distinguished from "landlords" in extended version of those "auhorised"

1992 CLC 2293 KARACHI-HIGH-COURT-SINDH

Sindh · 1992

ZAWAR HUSSAIN VS SHAMSUNNISA Sindh Rented Premises Ordinance 1979--15 , Ss. 2 & 15 --- Relationship of landlord and tenant --- Where the very title of person seeking eviction under Rent Laws was challenged by occupant of property in dispute, such person would have to establish his position as a landlord beyond any reasonable doubt.

1992 CLC 2114 KARACHI-HIGH-COURT-SINDH

Sindh · 1992

QURAISHUL MUJTABA QARNI VS S. USMAN ALI KAZMI Limitation Act 1908--SCHI, 139 , Limitation Act 1908 ---- S.2(f)(j) --- Limitation Act (IX of 1908), Art. 139 --- Relationship of landlord and tenant---Adverse possession --- Proof of --- Tenant denied relationship of landlord and tenant contending that he had remained in undisturbed and peaceful possession of premises in litigation for more th

1992 CLC 1762 KARACHI-HIGH-COURT-SINDH

Sindh · 1992

SHAMSHER ALI VS AHMAD DIN Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979 S. 16 (1)---Rent Controller's power to determine arrears of rent and order to deposit the same within time to be determined by him---eviction of tenant on ground other than default in payment of rent---Order to deposit arrears of rent whether valid---Provisions contained in S.16 (1), S

1992 CLC 1753 KARACHI-HIGH-COURT-SINDH

Sindh · 1992

ISLAM AKBAR VS MUSTAFA HUSSAIN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15 (2) (vii)---Personal bona fide need of landlord-Landlord seeking ejectment of tenant from shop in dispute on ground of personal bona fide need, admittedly got possession of another shop which was vacated by other tenant and shop so vacated was rented out by him to another pe

1992 CLC 1634 KARACHI-HIGH-COURT-SINDH

Sindh · 1992

WAQF MUHAMMAD MEHR ELAHI VS ABDUL GHANI HAJI SULEMAN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15---Default in payment of rent---Proof---Rent for month of July 1981 was tendered through cheque on 26-10-1981, which showed that default had been committed by tenant---Nothing was available on record to show that for subsequent months of October, Novembe

1992 CLC 1304 KARACHI-HIGH-COURT-SINDH

Sindh · 1992

ANIS AHMAD VS HABIB BANK LIMITED, KARACHI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15---Residential unit rented out as a non-residential unit---Use of ground floor of a residential building for commercial purposes would not change its character---Change in the use of a residential unit to a nonresidential unit, with or without consent of landlord w

1992 CLC 1122 KARACHI-HIGH-COURT-SINDH

Sindh · 1992

IMTIAZ HUSSAIN VS GOVERNMENT OF PAKISTAN West Pakistan Government Lands and Buildings (Recovery of Possession) Ordinance 1966--5 , West Pakistan Government Lands and Buildings (Recovery of Possession) Ordinance 1966 S. 5---Allottee of Government building or land---Status of allottee--eviction of unauthorised occupant ---Allottee of a building or land belonging to Government would not becom

1992 MLD 2419 KARACHI-HIGH-COURT-SINDH

Sindh · 1992

KHALILUR REHMAN VS MUHAMMAD YASIN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----Ss.15(2)(iii)(a) & 22---Execution of ejectment order against unauthorised sub-tenant---Order of eviction, could be executed against sub-tenant inducted unauthorisedly by original tenant without permission of landlord and order passed by Rent Controller against unauthorised

1992 MLD 2419 KARACHI-HIGH-COURT-SINDH

Sindh · 1992

KHALILUR REHMAN VS MUHAMMAD YASIN Sindh Rented Premises Ordinance 1979--22 , ----Ss.15(2)(iii)(a) & 22---Execution of ejectment order against unauthorised sub-tenant---Order of eviction, could be executed against sub-tenant inducted unauthorisedly by original tenant without permission of landlord and order passed by Rent Controller against unauthorised sub-tenant and original tenant on gro

1992 MLD 2011 KARACHI-HIGH-COURT-SINDH

Sindh · 1992

KHUDA BAKASH VS MUHAMMAD YASIN Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Sindh Rented Premises Ordinance 1979--15 , ----Ss. 2(b)(j) & 15---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.30---Relationship of landlord and tenant---Protection to tenant---Occupant of premises, which had since been transferred by Settlement Authorities was n

1992 MLD 2011 KARACHI-HIGH-COURT-SINDH

Sindh · 1992

KHUDA BAKASH VS MUHAMMAD YASIN Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Sindh Rented Premises Ordinance 1979--15 , ----Ss. 2(b)(j) & 15---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.30---Relationship of landlord and tenant---Protection to tenant---Occupant of premises, which had since been transferred by Settlement Authorities was n

1992 MLD 1737 KARACHI-HIGH-COURT-SINDH

Sindh · 1992

SANJEEDA BEGUM VS MUHAMMAD AFSAR Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15(2)(vii)---Personal bona fide need of landlord---Landlord had sought eviction of tenant from shop in dispute on ground that same was required by his son to start business therein---Neither nature of business proposed to be started in shop nor name of son for whose benefi

1992 MLD 1690 KARACHI-HIGH-COURT-SINDH

Sindh · 1992

ZAREEN VS MUHAMMAD NAWAB Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15(2)(vi)---Requirement of premises for purpose of reconstruction--Essentials ---Mere requirement of premises for purpose of reconstruction was sufficient to seek eviction of tenant---Words "reasonable" or "good faith" should not be read in S.15(2)(vi) which had been omitted delib

1992 MLD 1391 KARACHI-HIGH-COURT-SINDH

Sindh · 1992

MUHAMMAD YOUSUF VS GL:ULAM RASOOL Sindh Rented Premises Ordinance 1979--2 , ----Ss.15 & 2(7)---Person seeking eviction of a tenant has first to establish that he is landlord in respect of premises in question---Person neither owner of land nor of structure raised thereon has no locus standi to file ejectment proceedings despite the fact that he may have been paid rent or deposited the same

1992 MLD 1391 KARACHI-HIGH-COURT-SINDH

Sindh · 1992

MUHAMMAD YOUSUF VS GL:ULAM RASOOL Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----Ss.15 & 2(7)---Person seeking eviction of a tenant has first to establish that he is landlord in respect of premises in question---Person neither owner of land nor of structure raised thereon has no locus standi to file ejectment proceedings despite the fact that he may hav

1992 MLD 1361 KARACHI-HIGH-COURT-SINDH

Sindh · 1992

ABDUL HAMEED VS ABDUL AZIZ Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15---eviction for default in payment of rent---Tenant establishing that he had been paying rent for disputed period in office of Rent Controller although in the name of the previous owner---Default if any, in circumstances, was of technical nature for which the tenant could not

1992 MLD 1109 KARACHI-HIGH-COURT-SINDH

Sindh · 1992

GHULAM DASTAGIR VS JUMMA Sindh Rented Premises Ordinance 1979--PREAMBLE , Sindh Rented Premises Ordinance 1979 ----Preamble---Ordinance a piece of social legislation aiming at easing problem of accommodation protecting tenants from eviction inspired by profit hunting motives and providing certain safeguards for tenants and saving them from great expense, inconvenience and trouble---Ordinan

1992 MLD 1102 KARACHI-HIGH-COURT-SINDH

Sindh · 1992

MUHAMMAD AQIL VS NAWAB AHMED Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 ----S. 14---Requirement of premises for personal use on retirement of landlord from service---Landlord's entitlement---Landlord would not be entitled to claim benefit of S.14(1) i.e., ejectment of tenant on retirement, where he was in occupation of a building owned by him in any loc

1992 MLD 1003 KARACHI-HIGH-COURT-SINDH

Sindh · 1992

ZAFFAR IQBAL & CO. VS NOOR JEHAN Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 ----S.14---Landlord through National Identity Card and Passport had fully established that at the time of filing of eviction application against tenant he had attained age of 60 years---Landlord on basis of those two documents rightly contended that he was entitled to an order o

1992 MLD 910 KARACHI-HIGH-COURT-SINDH

Sindh · 1992

HAZRAT SHAH VS MUHAMMAD HANIF Sindh Rented Premises Ordinance 1979--2 , ----Ss.2(a) & 14---Lanldord claiming to be 61 years of age, had sought eviction of tenant from premises in dispute on ground of his personal use to run a hospital on commercial and charitable basis ---Landlord admittedly was in possession of entire first floor of building where disputed premises were situated and six s

1992 MLD 400 KARACHI-HIGH-COURT-SINDH

Sindh · 1992

NIAZSONS VS S.M. YOUNUS Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----Ss. 15(2)(iii)(a) & 16(1)(2)---Tentative rent order---Exercise in terms of subsection (1) of S.16 of Ordinance, 1979 was to be made in every case of eviction filed by landlord irrespective of grounds taken therefor---Contention of tenant that application for ejectment having been fil

1992 CLC 723 KARACHI-HIGH-COURT-SINDH

Sindh · 1992

ARSHAD BUTT VS MANZOOR AHMAD Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979 S.14---eviction of tenant on ground of retirement of landlord---Case under S.14 of Ordinance was filed by landlord after a little less than three years from his retirement from service---Although no period was prescribed for moving such application against tenant, but inordinate del

1992 CLC 492 KARACHI-HIGH-COURT-SINDH

Sindh · 1992

M.S. ENGINEERING CO. VS MUHAMMAD MUSHTAQ Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----Ss. 15, 19 & 21---Ex parte eviction order---Maintainability---Ex parte eviction order passed by Rent Controller against tenants on their nonappearance had been challenged by tenants alleging that landlords had manipulated service by fraudulent means and that they had

1992 CLC 492 KARACHI-HIGH-COURT-SINDH

Sindh · 1992

M.S. ENGINEERING CO. VS MUHAMMAD MUSHTAQ Limitation Act 1908--5 , S. 21---Limitation Act (IX of 1908). S.5---Ex parte eviction ---Appeal--Limitation---Impugned order was passed on 26-3-1989 and the appeal was filed on 2-8-1989---Provision of S. 5 of Limitation Act being not applicable, appeal was dismissed being patently barred by time.

1992 CLC 492 KARACHI-HIGH-COURT-SINDH

Sindh · 1992

M.S. ENGINEERING CO. VS MUHAMMAD MUSHTAQ Sindh Rented Premises Ordinance 1979--19 , ----Ss. 15, 19 & 21---Ex parte eviction order---Maintainability---Ex parte eviction order passed by Rent Controller against tenants on their nonappearance had been challenged by tenants alleging that landlords had manipulated service by fraudulent means and that they had in fact never been served---Rent Con

1992 CLC 492 KARACHI-HIGH-COURT-SINDH

Sindh · 1992

M.S. ENGINEERING CO. VS MUHAMMAD MUSHTAQ Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 ----S. 21---Limitation Act (IX of 1908). S.5---Ex parte eviction ---Appeal--Limitation---Impugned order was passed on 26-3-1989 and the appeal was filed on 2-8-1989---Provision of S. 5 of Limitation Act being not applicable, appeal was dismissed being patently barred by

1992 CLC 471 KARACHI-HIGH-COURT-SINDH

Sindh · 1992

ABDUL HAFEEZ VS ZUBEDA KHATOON Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979 S. 16(1)---Tentative rent order---Tentative rent order requiring tenant to deposit rent of premises beyond period of 3 years prior to filing of eviction petition by landlord was bad.

1992 CLC 366 KARACHI-HIGH-COURT-SINDH

Sindh · 1992

IKRAM-UD-DIN BULKI VS ISHRAT WARSI Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 S. 21(2)---Stay order against eviction---Grant of---Grant of stay order, was not an automatic process and the only fact that appeal against order of Rent Controller had been admitted to regular hearing, would not entitle appellant to get stay order especially when he had flout

1992 PTD 161 INCOME-TAX-APPELLATE-TRIBUNAL-PAKISTAN

1992

I.TA. NO. 279/LB OF 1989-90, DECIDED ON 7TH NOVEMBER, 1990 VS I.TA. NO. 279/LB OF 1989-90, DECIDED ON 7TH NOVEMBER, 1990 Income Tax Ordinance 1979--19 , ----S.19---Income from property---Annual value---Determination of---Phrase "property might reasonably be expected to let from year to year"--Connotation---Annual rental value has to be fixed keeping in view the reasonable expectation of a

1991 SCMR 762 SUPREME-COURT

Supreme Court · 1991

NOORUDDIN VS SIRAJUDDIN Constitution of Pakistan 1973--185 , ----Ss. 10(3) & 18---Constitution of Pakistan (1973), Art.185(3)---Landlord purchasing property in question when petitioner was already a tenant under previous landlord---Effect of failure to give notice by new landlord and deposit of rent by tenant under provision of S.10(3), Sindh Rented Premises Ordinance, 1979---Tenant appear

1991 SCMR 762 SUPREME-COURT

Supreme Court · 1991

NOORUDDIN VS SIRAJUDDIN Sindh Rented Premises Ordinance 1979--10 , Sindh Rented Premises Ordinance 1979--18 , Sindh Rented Premises Ordinance 1979 ----Ss. 10(3) & 18---Constitution of Pakistan (1973), Art.185(3)---Landlord purchasing property in question when petitioner was already a tenant under previous landlord---Effect of failure to give notice by new landlord and deposit of rent by te

1991 SCMR 762 SUPREME-COURT

Supreme Court · 1991

NOORUDDIN VS SIRAJUDDIN Sindh Rented Premises Ordinance 1979--10 , Sindh Rented Premises Ordinance 1979--18 , Sindh Rented Premises Ordinance 1979 ----Ss. 10(3) & 18---Constitution of Pakistan (1973), Art.185(3)---Landlord purchasing property in question when petitioner was already a tenant under previous landlord---Effect of failure to give notice by new landlord and deposit of rent by te

1991 SCMR 760 SUPREME-COURT

Supreme Court · 1991

HUSSAIN VS HUSAINI Constitution of Pakistan 1973--185 , ----Ss. 15 & 21(3)---Constitution of Pakistan (1973), Art.185(3)---Ejectment of tenants for default in payment of rent---Tenants asserted that full payment of entire rent had been made but could not substantiate it before Rent Controller--Tenants, however, produced documents in High Court to establish plea of denial on question of def

1991 SCMR 760 SUPREME-COURT

Supreme Court · 1991

HUSSAIN VS HUSAINI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 ----Ss. 15 & 21(3)---Constitution of Pakistan (1973), Art.185(3)---Ejectment of tenants for default in payment of rent---Tenants asserted that full payment of entire rent had been made but could not substantiate it before Rent Controller--Tenants, ho

1991 SCMR 760 SUPREME-COURT

Supreme Court · 1991

HUSSAIN VS HUSAINI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 ----Ss. 15 & 21(3)---Constitution of Pakistan (1973), Art.185(3)---Ejectment of tenants for default in payment of rent---Tenants asserted that full payment of entire rent had been made but could not substantiate it before Rent Controller--Tenants, ho

1991 SCMR 432 SUPREME-COURT

Supreme Court · 1991

GHULAM MUSTAFA VS MUHAMMADI BEGUM 1989 SCMR 913, Constitution of Pakistan 1973--185 , ----S. 13---Constitution of Pakistan (1973), Art-185(3) ---Ejectment of tenant for reconstruction of property---Rent Controller, in first round of litigation, rejected ejectment application while Appellate Court set aside order of Rent Controller'and allowed landlord's application---High Court in Constit

1991 SCMR 432 SUPREME-COURT

Supreme Court · 1991

GHULAM MUSTAFA VS MUHAMMADI BEGUM 1989 SCMR 913, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---Constitution of Pakistan (1973), Art-185(3) ---Ejectment of tenant for reconstruction of property---Rent Controller, in first round of litigation, rejected ejectment application while Appellate Court set aside order of R

1991 SCMR 415 SUPREME-COURT

Supreme Court · 1991

DOST MUHAMMAD VS BABAR MUNIR Constitution of Pakistan 1973--185 , ----S. 17---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal need of landlord---Proof---Finding of Courts below that respondent/landlord had personal bona fide need of premises and could for that reason seek eviction of tenant suffered from no infirmity so as to justify interference by Supreme Court---No cas

1991 SCMR 379 SUPREME-COURT

Supreme Court · 1991

ABDUL BAQI VS MITHA KHAN Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--1 , Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders ----O. XXXIX, Rr 1, 2 & S.12(2)---Constitution of Pakistan (1973), Art.185(3)--- Landlord had filed eviction application against petitioner's brother---After ejectment order had

1991 SCMR 379 SUPREME-COURT

Supreme Court · 1991

ABDUL BAQI VS MITHA KHAN Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--2 , ----O. XXXIX, Rr 1, 2 & S.12(2)---Constitution of Pakistan (1973), Art.185(3)--- Landlord had filed eviction application against petitioner's brother---After ejectment order had been passed against petitioner's brother viz. one of the respondents, petitioner filed appli

1991 SCMR 277 SUPREME-COURT