| Case ID |
045db058-3ff6-4f4d-9c63-523e805c1593 |
| Body |
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| Case Number |
Civil Petition For Leave to Appeal No.496-K of 198 |
| Decision Date |
Jan 22, 1985 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal, focusing on two critical issues: whether the landlord waived his right to evict the tenant by accepting rent after the unauthorized construction and subletting, and whether the tenant could raise the plea of waiver for the first time in the High Court after abandoning it before the Rent Controller and the first Appellate Court. The Court noted that the tenant had constructed additional rooms and sublet part of the property without consent, and the landlord's continued acceptance of rent was argued as a waiver of his right to evict. The case was significant in examining the principles of waiver and the procedural rights of tenants in rental disputes. |
| Summary |
In this landmark case, the Supreme Court of Pakistan addressed key issues regarding tenant rights and landlord obligations under the Constitution of Pakistan and the Sindh Rented Premises Ordinance. The case arose from a dispute over unauthorized construction and subletting by a tenant, with the landlord seeking eviction. The Supreme Court's decision emphasized the importance of understanding waiver in landlord-tenant relationships, particularly how a landlord's actions can affect their rights. The ruling provided clarity on whether tenants can assert defenses that were previously abandoned in lower courts, which is crucial for both tenants and landlords navigating rental agreements. This case serves as a precedent in the realm of property law, highlighting the necessity for landlords to be vigilant in enforcing their rights against tenants who violate rental agreements. It also sheds light on the procedural aspects of appeals in rental disputes, making it an essential reference for legal practitioners in the field. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
ASLAM RIAZ HUSSAIN,
SHAFIUR RAHMAN,
ZAFFAR HUSSAIN MIRZA, JJ
|
| Lawyers |
Fakhr-ud-Din G. Ebrahim, Senior Advocate Supreme Court,
M.S. Ghoury,
Syed Sain Ahmad, Advocate Supreme Court,
Ali Akbar
|
| Petitioners |
Mrs. BADRUN NISA REHMAN
|
| Respondents |
K. C. MAMOO
|
| Citations |
1985 SLD 298,
1985 SCMR 1010
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
Sindh Rented Premises Ordinance (XVII of 1979)
|
| Sections |
185(3),
21
|