Supreme Court upholds landlord’s right to use property

The Supreme Court of Pakistan has ruled that a property owner has the exclusive right to decide how to use their property

The Supreme Court of Pakistan has ruled that a property owner has the exclusive right to decide how to use their property and is not bound by the wishes or preferences of a tenant. The judgment came while deciding a long-running landlord-tenant dispute involving a residential building in Karachi’s Saddar area.

In an eight-page verdict authored by Justice Aqeel Ahmed Abbasi, the apex court set aside an earlier decision of the Sindh High Court, which had ruled in favour of the tenant.

The Supreme Court observed that it is a well-established legal principle that a property owner is the sole judge of their own requirements. The court held that if a landlord submits a sworn statement declaring the need to use their property personally, that statement is sufficient to establish bona fide necessity unless proven otherwise.

The judgment further stated that an owner cannot be compelled to use another portion of the property simply because a tenant believes alternative accommodation is available. The court emphasised that the landlord’s choice regarding the use of their property cannot be dictated by the tenant.

The case involved a dispute over a flat in a building located in Karachi’s Saddar neighbourhood. During the proceedings, the tenant argued that several other flats in the same building had become vacant and could instead be used by the landlord. The Sindh High Court accepted this argument and ruled in favour of the tenant.

However, the Supreme Court disagreed with that reasoning, stating that the availability of other vacant units does not deprive the owner of the right to reclaim a specific property for personal use.

Allowing the landlord’s appeal, the Supreme Court ordered the tenant to vacate the flat within six months, bringing the legal dispute to a close while reaffirming the property rights of landlords under the law.