ASGHAR ALI And Others vs ABDUL GHAFFAR ABDUL REHAN
This matter concerns a petition for leave to appeal against a High Court judgment that reversed an eviction order granted by a Rent Controller. The Rent Controller had allowed the landlords' application for eviction on the grounds of bona fide requirement for reconstruction. However, the High Court overturned this decision, reasoning that because the tenant occupied a shop in a commercial building, and the proposed reconstruction was for residential purposes, the tenant was ineligible for the protections afforded under the relevant rent control legislation. The petitioners challenged this interpretation, arguing it conflicted with established Supreme Court precedents regarding the rights of tenants during reconstruction. The Supreme Court, noting a divergence in its own previous rulings on the interpretation of the relevant statutory provisions, determined that the issue was of significant general legal importance affecting numerous cases. Consequently, the Court granted leave to appeal to resolve the conflict in judicial opinion. Given the complexity and the need for an authoritative ruling, the Court directed that the appeal be heard by a larger Bench of at least five judges.
- Does the conversion of a commercial building to a residential building during reconstruction affect a tenant's rights under the West Pakistan Urban Rent Restriction Ordinance 1959?
- Is a tenant of a shop in a commercial building entitled to protection under Section 13(5B) of the West Pakistan Urban Rent Restriction Ordinance 1959 when the landlord seeks eviction for reconstruction?
- Section 13(5B), West Pakistan Urban Rent Restriction Ordinance 1959
ORDER
ABDUL KADIR SHAIKH, J.--The Rent Controller Karachi allowed petitioners' application for respondent's eviction on the ground that they had successfully proved that the demised premises were required by them bona fide for reconstruction of the building. On appeal by the respondent, High Court set aside the order of the Rent Controller on the ground that since respondent was a tenant of a shop located in a Commercial building, and in the proposed new building which was for residential purposes, the benefit available to him under section 13 (5B) of the West Pakistan Urban Rent Restriction Ordinance, 1959 was not available to him, petitioners were not entitled to evict him.
2. Mr. Nazir Ahmad Siddiqui, learned counsel appearing in support of this petition for leave to appeal from the judgment of the High Court submits that the view taken by .The learned Judges in the High Court is in conflict with the principle laid down by this Court in Abdul Hadi alias Abdul Hadi Hasan and to others v., Syed Ali Haider and others PLD 1983 SC 342 and Abdul Bari v. Khadim Hussain PLD 1978 SC 78. We find that in the case of Zoab v. Akbar Ali 1983 SCM R 391, this Court has taken somewhat different view. Since the point raised by the learned counsel is of general legal importance and is likely to affect a large number of cases. We grant leave to appeal and allow the petition. Security Rs. 2,000.
3. Appeal to be heard on the present record. It is, however, open to the parties to file additional documents.
4. It is only appropriate that this appeal should be heard by a Bench of not less than five Judges in order to render .An authoritative decision.