| Case ID |
04f0a276-e57b-466a-b5fe-4512c13437be |
| Body |
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| Case Number |
W.Ps. Nos.98 and 99 of 2002 |
| Decision Date |
Oct 07, 2004 |
| Hearing Date |
Oct 05, 2004 |
| Decision |
The Peshawar High Court allowed the petitions filed by Mst. Bismillah and others, setting aside the impugned orders of the lower courts. The Court determined that the lower courts had misread evidence and failed to properly appreciate the landlord-tenant relationship established by the Permanent Transfer Deed. The case was remanded to the Rent Controller for a fresh decision based on a comprehensive review of the evidence. This decision reinforces the importance of accurate interpretation of evidence in landlord-tenant disputes and the High Court's authority to correct lower court errors. |
| Summary |
In the case of W.Ps. Nos. 98 and 99 of 2002, the Peshawar High Court addressed significant issues regarding landlord-tenant relationships under the West Pakistan Urban Rent Restriction Ordinance. The case involved petitioners Mst. Bismillah and her associates against respondents including Ghulam Shabbir. The core of the dispute was the denial of the landlord-tenant relationship by the respondents, which was challenged by the petitioners who presented evidence of ownership through a Permanent Transfer Deed. The High Court emphasized the need for proper judicial review and the ability to interfere when lower courts misinterpret evidence. The ruling highlights the critical role of evidence in determining rights under tenancy laws and affirms the appellate court's responsibility to ensure just outcomes based on facts. The decision not only impacts the parties involved but also sets a precedent for future landlord-tenant disputes, ensuring that evidentiary standards are upheld in judicial proceedings. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
IJAZ-UL-HASSAN KHAN,
EJAZ AFZAL KHAN
|
| Lawyers |
Muhammad Younus Thaheem,
Gohar Zaman Kundi,
Tariq Aziz Baloch,
Ghulam Hur Khan Baloch
|
| Petitioners |
3 others,
Mst. BISMILLAH
|
| Respondents |
11 others,
GHULAM SHABBIR alias SHABBIR
|
| Citations |
2005 SLD 1135,
2005 CLC 192
|
| Other Citations |
Iqbal and 6 others v. Mst. Rabia Bibi and another PLD 1991 SC 242,
Ashraf Kiyani and others v. Mst. Hajira Bibi and others 1999 MLD 2821,
Muhammad Lehrasab Khan v. Mst. Aqeel-un-Nisa and 5 others 2001 SCMR 338,
Rahim Shah v. Chief Election Commissioner PLD 1973 SC 24,
Assistant Collector v. Al-Razak Synthetic (Pvt.) Ltd. 1998 SCMR 2514
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance (VI of 1959),
Constitution of Pakistan (1973)
|
| Sections |
13,
15,
199
|