MOOSA vs Mst. ZOHRA BAI
This matter concerns a petition for leave to appeal filed by a tenant against an eviction order upheld by the Sind High Court. The petitioner challenged the eviction on the grounds that the respondent, while acting as the landlady, was not the legal owner of the premises, and therefore her claim of bona fide personal need was insufficient to justify eviction. The Supreme Court examined whether the respondent's status as a landlady and daughter of the owner provided sufficient standing for eviction. The Court held that the petitioner was precluded from challenging the respondent's ownership due to clear admissions made in his own pleadings and appeal memo. Furthermore, the Court determined that even if the respondent were not the owner, her status as the daughter of the owner constituted a valid ground for establishing personal need for the premises. Consequently, the Court found no merit in the petitioner's arguments, affirmed the High Court's decision, and refused leave to appeal, establishing that a tenant's prior admission of ownership in pleadings binds them, and a landlord's family member's need can support eviction.
- Can a tenant challenge the ownership of a landlord after admitting to such ownership in their written statement and appeal?
- Does the bona fide personal need of a landlord's daughter constitute a valid ground for the eviction of a tenant?
- Is a landlord required to be the absolute owner of the premises to seek eviction on the grounds of personal need?
1. ' SHAFIUR RAHMAN, J.--The Petitioner, a tenant now ejected from the premises, seeks leave to appeal against the judgment of the Sind High Court dated 16-2-1987 whereby his appeal against the eviction order was dismissed.
2. ' The Respondent obtained an Order of eviction of the Petitioner on the ground that she was landlady/owner of the Shop premises and was in bona fide personal need of it.
3. ' The ground now taken up by the learned counsel for the Petitioner is that the Respondent was only a landlady and, not the owner of the property and personal need had necessarily to be of the owner and not of the landlady. This specific objection was rejected by the High Court by observing as hereunder:-- "The first above-noted contention of the learned counsel is without substance inasmuch as not only that he did not dispute the ownership of the appellant in the written statement but even in the memo. Of appeal' filed in this Court it is clearly stated by him under the heading 'Facts of the case' that the applicant/respondent is the owner and landlady of shop premises bearing No, G/1, in the building on Plot No, OT-6/126, Custodian No, 1-A-648, Old Town Quarters, Karachi, and the opponent/appellant is the tenant in respect of the said shop premises at the rate of Rs, 75 per month'. The first contention of the learned counsel for the appellant has thus no merits and it is repelled accordingly."
4. ' It is contended by the learned counsel for the Petitioner that notwithstanding his admissions it was the established position that the respondent was not the owner of the property though she was the landlady. Not being herself the owner her need could not be sufficient justification for obtaining the ejectment of the Petitioner.
5. Apart from the admission of the Petitioner in the pleadings taken note of and given effect to by the High Court it is admitted that the Respondent happens to be the daughter of the owner of the property and as daughter her need could be a valid ground for obtaining the eviction of the tenant.
6. In the circumstances, the locus standi of the respondent was substantially beyond dispute and her need cannot be ignored not as that of the landlady but as that of a daughter of the owner of the premises.
7. No ground is Made out. Leave to appeal is refused.