| Case ID |
03a2025a-90c3-4402-936d-4dae940a3d74 |
| Body |
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| Case Number |
W.P. No. 155 of 2004 |
| Decision Date |
Mar 24, 2004 |
| Hearing Date |
Mar 24, 2004 |
| Decision |
The Peshawar High Court accepted the constitutional petition filed by Shah Zeb (Minor) through his father against the partial order of the District Judge, Charsadda. The court found that the relationship of landlord and tenant existed between the petitioner and the respondent, and the respondent was in default of rent payments. The court emphasized the importance of documentary evidence supporting the petitioner's claim. The appellate court's decision was set aside, and the order of the trial court was upheld, directing the eviction of the tenant from the premises. No costs were awarded. |
| Summary |
This case revolves around the eviction of a tenant under the West Pakistan Urban Rent Restriction Ordinance, 1959. The petitioner, Shah Zeb (Minor), represented by his father, filed the case against Muhammad Ayub Khan and others, asserting the right to evict the tenant due to non-payment of rent. The court examined the evidence presented, particularly the documentary proof of the landlord-tenant relationship. The judgment highlighted the legal principles surrounding tenancy, default, and eviction in Pakistan. The decision underscores the significance of a clear relationship between landlord and tenant and the consequences of failing to meet rental obligations. The ruling serves as a precedent in eviction cases, affirming that once the landlord-tenant relationship is established, the tenant may be ejected if default is proven. The ruling is crucial for understanding tenant rights and responsibilities in Pakistan, especially regarding eviction proceedings under the Rent Restriction Ordinance. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MIAN SHAKIRULLAH JAN, C.J.,
MUHAMMAD QAIM JAN KHAN, J.
|
| Lawyers |
Mr. Gul Sadbar Khan
|
| Petitioners |
SHAH ZEB (MINOR) through its FATHER
|
| Respondents |
MUHAMMAD AYUB KHAN and 2 others
|
| Citations |
2004 SLD 3670,
2004 PLJ 404
|
| Other Citations |
2003 SCMR 1476
|
| Laws Involved |
Constitution of Pakistan, 1973,
West Pakistan Urban Rent Restriction Ordinance, 1959
|
| Sections |
199,
13(6)
|