| Case ID |
00d325f5-3236-4373-9c4d-26214baeb876 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No. 667 of 1988 |
| Decision Date |
Aug 31, 1988 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan has refused the tenant's petition for leave to appeal. The court upheld the rejection of the tenant's plea denying the landlord-tenant relationship, emphasizing that the execution of the rent note by the tenant in favor of the landlord was neither improper nor illegal. The tenant's attempt to negate the relationship based on the timing of the sale deed registration was dismissed. Furthermore, the tenant's conduct was deemed not bona fide, thereby disqualifying him from seeking discretionary relief. Consequently, the petition for leave to appeal was denied. |
| Summary |
In the landmark case of Civil Petition No. 667 of 1988, the Supreme Court of Pakistan deliberated on a critical tenant-landlord dispute under the West Pakistan Urban Rent Restriction Ordinance, VI of 1959, specifically Section 13, and the Constitution of Pakistan, 1973, Article 185 (3). The petitioner, TARIQ BUTT, sought to appeal against the Lahore High Court's dismissal of his writ petition challenging an eviction order issued under the Rent Restriction Law. Central to the case was the contention surrounding the existence of a landlord-tenant relationship. The petitioner had executed a rent note in favor of the landlord, JAVAID PAUL, which the court found to be a binding acknowledgment of the tenant's obligations. The petitioner argued that the timing of the registered sale deed did not substantiate a landlord-tenant relationship; however, the court dismissed this by highlighting that the sale deed was prepared and executed prior to its registration, rendering the rent note valid and establishing the necessary relationship. Additionally, the tenant's failure to credibly admit to sending rent payments further undermined his position, leading the court to view his actions as non-bona fide. The Supreme Court referenced the precedent set in Province of Punjab v. Abdul Ghani (P L D 1985 S C 1) to reinforce the principle that denial of tenancy cannot be a basis for forfeiture without substantial evidence. Consequently, the court refused the petitioner's leave to appeal, affirming the eviction order and reinforcing the applicability of rent restriction laws in protecting the rights of landlords. This case underscores the judiciary's stance on upholding contractual obligations and the importance of timely and honest communication between tenants and landlords, ensuring stability in rental agreements and safeguarding property rights under Pakistani law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Lahore High Court,
Supreme Court of Pakistan,
TARIQ BUTT,
JAVAID PAUL
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
SAAD SAOOD, JAN, JJ
|
| Lawyers |
S. M. Masud, Advocate Supreme Court,
Sh. Masood Akhtar, Advocate-on-Record for Petitioner,
Talat Farooq, Advocate Supreme Court,
Ch. Mehdi Khan Mehtab, Advocate-on-Record for Respondent No. 1
|
| Petitioners |
TARIQ BUTT
|
| Respondents |
others,
JAVAID PAUL
|
| Citations |
1989 SLD 2030,
1989 SCMR 2022
|
| Other Citations |
Province of Punjab v. Abdul Ghani P L D 1985 S C 1
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance, VI of 1959,
Constitution of Pakistan, 1973
|
| Sections |
S.13,
Art. 185 (3)
|