RAJAB ALI And 3 Others vs DAIRUS B. KANDAWALLA And Another
This matter came before the Supreme Court of Pakistan upon a petition for leave to appeal challenging the decision of the High Court regarding eviction proceedings. The core legal question presented was whether the High Court erred in applying the provisions of the Sind Rented Premises Ordinance to the case and whether the concurrent findings of the lower courts regarding the respondents' bona fide personal requirement for the premises were legally sustainable. The Supreme Court granted leave to appeal, finding that the submissions regarding the erroneous application of the law and the flawed factual approach of the lower courts warranted further consideration. Consequently, the Court allowed the petitions, set the security amount at Rs. 1,000 per case, and directed that the appeals be heard on the existing record, while permitting the parties to file additional documents. Furthermore, the Court issued an interim order restraining the eviction of the petitioners pending the final decision of the appeals, subject to the continued deposit of rent as previously ordered, and directed that the appeals be heard within one year by consent.
- Does the Sind Rented Premises Ordinance apply to all eviction proceedings regardless of the specific facts of the case?
- Can a finding of bona fide personal requirement for premises be challenged if the lower court's approach to the facts is alleged to be erroneous?
- Under what conditions can the Supreme Court grant a stay of eviction pending the final disposal of an appeal?
- Sind Rented Premises Ordinance 1979
ORDER
1. ABDUL KADIR SHAIKH, J.-- It is submitted that the erroneous view of the High Court that provisions of the Sind Rented Premises Ordinance governed the cases has affected the final orders. It is also submitted that the finding of the Courts that respondents bona fide required the premises for personal use is vitiated by the wrong approach to the facts of the case.
2. These and the other submissions deserve consideration. Leave is granted and the petitions are allowed. Security Rs.1,000 in each case.
3. Appeals shall be heard on the present record, but it is open to the parties to file additional documents.
4. Petitioners shall not be evicted from the demised premises till the appeals are decided, provided they deposit rent in Court in terms of the orders passed in this behalf already.
5. By consent, the appeals shall be heard within one year.