Supreme Court: Landlord Has Absolute Authority Over Property Use, Not Bound by Tenant’s Wishes

Islamabad: The Supreme Court has ruled that a property owner has complete authority over the use of their property and is not subject to the tenant’s wishes or preferences.In a case involving a building in the Saddar area of Karachi, the apex court set aside a High Court judgment that had favoured the tenant. The eight-page verdict was authored by Justice Aqeel Ahmed Abbasi.The Supreme Court observed that it is a settled principle of law that the landlord is the sole judge of his own genuine need. An affidavit filed by the owner stating the requirement to use the property is sufficient to establish that need.The court directed the tenant to vacate the flat within six months. The tenant had argued that more than one flat in the building was lying vacant. The High Court had earlier decided the matter in the tenant’s favour on the ground that other flats owned by the landlord were vacant.The Supreme Court rejected that view, holding that the owner’s right to use his own property cannot be made contingent upon the tenant’s convenience or the availability of alternative premises.