| Case ID |
04db8740-4f69-41c2-8a37-5be8d239102a |
| Body |
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| Case Number |
Civil Petition No. 18-P of 1982 |
| Decision Date |
Feb 22, 1982 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition filed by Muhammad Hussain against the order of the Peshawar High Court, which had dismissed his application for ejectment from the premises. The court ruled that the absence of a notice under section 13-B of the West Pakistan Urban Rent Restriction Ordinance did not affect the application for ejectment based on grounds other than default in payment of rent. The court emphasized that the purpose of section 13-B was to protect tenants from allegations of default, and since the grounds for ejectment were different, the application was maintainable. Therefore, the petition was dismissed with no merit. |
| Summary |
This case revolves around the interpretation of section 13-B of the West Pakistan Urban Rent Restriction Ordinance, which deals with tenant rights and eviction processes. The Supreme Court of Pakistan addressed the issue of whether a landlord's failure to provide a notice under this section precludes an application for ejectment on grounds other than default in rent payment. The decision highlighted that the primary intent of section 13-B is to protect tenants from wrongful eviction claims based on alleged default in rent. The ruling reinforced the notion that landlords can pursue eviction for personal use even without serving the prescribed notice, provided that the grounds for eviction are valid and separate from rent default allegations. This case sets a precedent for future landlord-tenant disputes, ensuring that eviction processes remain clear and fair, while also safeguarding tenant rights. Keywords: eviction, tenant rights, West Pakistan Urban Rent Restriction Ordinance, Supreme Court of Pakistan, landlord-tenant disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN,
SHAFIURREHMAN,
M. S. H. QURESHI
|
| Lawyers |
Raza A. Khan, Advocate Supreme Court,
M. Qasim Imam, Advocate-on-Record
|
| Petitioners |
MUHAMMAD HUSSAIN
|
| Respondents |
ANOTHER,
Haji CHAUDHRY UMAR BAKHSH
|
| Citations |
1982 SLD 725,
1982 PLD 212
|
| Other Citations |
Sabu Mal v. Kika Ram alias Heman Das 1973 S C M R 185
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance
|
| Sections |
13-B
|