Case Details

Citation(s)
1994 SLG 1050 1994 SLD 1050 1994 SCMR 2255
Supreme Court of Pakistan
Civil Appeal No. 170-K of 1990, decision dated: 22-12-1991
AJMAL MIAN, SAJJAD ALI SHAH AND SALEEM AKHTAR, JJ

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Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)--S.15(2)(vii)---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to consider whether a partner who owned the premises could seek ejectment of the tenant from the premises for being utilized for the business of a partnership firm of which he was a partner. (b) Interpretation of statutes--- ---- When certain expression is not defined in the statute, Court has to look to the ordinary dictionary meaning of the words. (c) Sindh Rented Premises Ordinance (XVII of 1979)--- -----S.15(2)(vii)---Bona fide personal need of landlord---Partner in a firm who owns the premises cannot seek ejectment of tenant from the said premises for being utilized for the business of a partnership firm of which he is a partner--­Expression "own occupation or use" in S.15(2)(vii)---Interpretation---Meaning of expression "own occupation or use" cannot be extended to cover persons who are outsiders, not falling within the description of family members casting no obligation on the landlord to maintain or provide accommodation to them---Such obligation will not include the obligation which is purely contractual and makes it obligatory to provide accommodation to a third party independent of family relationship---Commercial and business relationship cannot be treated at par with the personal relationship. It is true that the expression 'his own occupation or use' cannot be restricted merely to the personality of the landlord exclusively because he cannot use or occupy completely or live in the premises extracted from his relationship and his social, moral and religious obligations. To limit the use and occupation to the landlord personally will be unreasonable as it will isolate, separate and detach him from realities of life and negate human dignity and human rights. However, the meaning of the term 'own occupation or use' cannot be extended to cover persons who are outsiders, not falling within the description of family members casting no obligation on the landlord to maintain or provide accommodation to them. Such obligation will not include which is purely contractual and makes it obligatory to provide accommodation…
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