| Case ID |
00976c78-79ce-4461-b8d0-6d27c1689cd8 |
| Body |
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| Case Number |
Civil Appeal No. 301 of 1979 |
| Decision Date |
Mar 09, 1983 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the appeal, affirming the lower court's decision regarding the landlord's ejectment application. The court determined that the appellant had not complied with the order of the Rent Controller under section 13(6) of the West Pakistan Urban Rent Restriction Ordinance, 1959, as evidenced by the failure to timely file bank challan receipts for rent deposits. The court emphasized the importance of proper documentation in rent disputes to avoid ambiguity and ensure compliance with legal orders. The appellant's claims of having made timely payments were found unsubstantiated, leading to the dismissal of the appeal. The court also allowed the appellant to remain in the premises until April 15, 1983, contingent upon payment of rent in advance for that period. |
| Summary |
In the case involving Manzoor Niaz Faruki and Mian Gulzar Ahmad, the Supreme Court of Pakistan addressed critical issues regarding the compliance with the West Pakistan Urban Rent Restriction Ordinance, 1959, specifically section 13(6). The court examined whether the tenant had defaulted on rent payments and the procedural requirements for landlords and tenants in rent disputes. The ruling highlighted the necessity for tenants to file bank challan receipts promptly to demonstrate compliance with rent deposit orders. The court's decision serves as an important precedent for future cases concerning rent arrears and tenant rights, emphasizing the need for clarity and adherence to legal procedures in rental agreements. This case is particularly relevant for landlords, tenants, and legal practitioners involved in property law, as it delineates the obligations of both parties under the Ordinance. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN, ACTG. C.J.,
NASIM HASAN SHAH, J
|
| Lawyers |
Khawaja Muhammad Tufail, Advocate Supreme Court,
Hamid Aslam Qureshi, Advocate-on-Record,
Aitzaz Ahsan, Advocate Supreme Court,
Mahmood A.. Qureshi, Advocate-on-Record
|
| Petitioners |
MANZOOR NIAZ FARUKI
|
| Respondents |
Mian GULZAR AHMAD
|
| Citations |
1983 SLD 402,
1983 PLD 176
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance, 1959
|
| Sections |
13(6)
|