| Case ID |
03234ae4-d295-4110-b6a6-a76e2a060b93 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 149-K of 19 |
| Decision Date |
Apr 21, 1986 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal concerning the eviction of the petitioner from the rented premises. The court noted that the petitioner had been regularly paying rent through money orders since June 1977, which the landlord accepted until November 1984. The landlord's refusal to accept rent thereafter, despite the ongoing eviction proceedings, was a point of consideration. The petitioner argued that he was unaware of the Rent Controller's order directing eviction due to lack of communication from his counsel. The court found merit in the petitioner's claims and decided that he should not be evicted until the appeal was resolved, provided he continued to deposit rent regularly in the court. Security was set at Rs.500. |
| Summary |
In this pivotal case, the Supreme Court of Pakistan addressed the complexities surrounding tenant eviction under the Sind Rented Premises Ordinance. The case highlights significant legal principles regarding landlord-tenant relationships, particularly the acceptance of rent payments and the obligations of both parties under the law. The Supreme Court's decision to grant leave to appeal underscores the importance of due process in eviction cases, especially when tenants have made consistent rental payments. This case serves as a critical reference for future landlord-tenant disputes, emphasizing the necessity for clear communication and the legal implications of accepting rent after filing for eviction. Legal professionals and advocates specializing in property law will find this case particularly relevant as it sets a precedent for similar cases in the future. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
ABDUL KADIR SHAIKH,
S.A. NUSRAT
|
| Lawyers |
Suleman Kassim, Advocate Supreme Court,
A.Aziz Dastgir, Advocate-on-Record
|
| Petitioners |
|
| Respondents |
MUHAMMAD HANIF
|
| Citations |
1986 SLD 200,
1986 SCMR 1678
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Sind Rented Premises Ordinance (XVII of 1979)
|
| Sections |
185(3),
15,
16,
21
|