Property Owner Has Full Right to Use His Property, Not Subject to Tenant’s Wishes: Supreme Court

KARACHI: The Supreme Court has ruled in a dispute between a property owner and a tenant, declaring that an owner has the full right to use his property and is not bound by the tenant’s wishes regarding its use.

The Supreme Court set aside a High Court judgment in a case involving a building located in Karachi’s Saddar area. The eight-page judgment was authored by Justice Aqeel Ahmed Abbasi.

The apex court held that a property owner has the complete authority to use his property and is not required to act according to the tenant’s preferences.

The court observed that it is a settled legal principle that an owner is the sole judge of his own requirement. It noted that, in the case, the owner’s sworn affidavit regarding his need to use the property demonstrated a genuine requirement.

The Supreme Court directed the tenant to vacate the flat within six months.

During the proceedings, the tenant had argued that more than one flat in the building was vacant and that the owner could use those units instead. The High Court had previously ruled in favour of the tenant on the basis that other flats owned by the landlord were vacant.

The Supreme Court, however, rejected that reasoning and restored the owner’s right to seek possession of the property based on his stated personal requirement.