| Case ID |
0059f830-389c-48ad-b38e-d4e41ae471b6 |
| Body |
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| Case Number |
Civil Petition No. 413-K of 1993 |
| Decision Date |
Dec 05, 1993 |
| Hearing Date |
Dec 05, 1993 |
| Decision |
The Supreme Court granted leave to appeal regarding the previous decision made by the Sindh High Court concerning the tenant's application for a rehearing. The High Court had dismissed the tenant's application despite the bailiff's report indicating that the tenant was not served with notice of the appeal. The Court found it necessary to consider whether the High Court should have granted the tenant's application for a rehearing, given that the tenant had not received proper notification of the appeal. The petitioner's ejectment was stayed pending further orders, provided the rent was paid regularly. |
| Summary |
This case revolves around the implications of ex parte proceedings in the context of tenancy and the rights of tenants under the Sindh Rented Premises Ordinance. The Supreme Court of Pakistan deliberated on the validity of an appeal heard without proper notice to the tenant. The case emphasizes the importance of fair legal procedures in tenant eviction cases, highlighting the necessity for courts to ensure all parties are adequately informed of proceedings. This ruling serves as a critical reference for future cases involving tenant rights, procedural fairness, and the requirements for service of notice in legal appeals. Keywords: tenant rights, ex parte proceedings, Sindh Rented Premises Ordinance, Supreme Court decisions, legal procedures. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
AJMAL MIAN,
SAJJAD ALI SHAH,
SALEEM AKHTAR
|
| Lawyers |
A.A. Siddiqui
|
| Petitioners |
AHMED BUX & SONS
|
| Respondents |
ISMAIL
|
| Citations |
1996 SLD 1181,
1996 SCMR 533
|
| Other Citations |
Not available
|
| Laws Involved |
Sindh Rented Premises Ordinance,
Civil Procedure Code
|
| Sections |
21,
O.XLI, R. 21
|