| Case ID |
0562c631-886f-4831-96c8-a7db93a8f03b |
| Body |
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| Case Number |
Writ Petitions Nos. 1110, 1111, 1112, 1115, 1116 a |
| Decision Date |
Jun 13, 2011 |
| Hearing Date |
Jun 13, 2011 |
| Decision |
The Lahore High Court set aside the eviction order passed by the Rent Tribunal, ruling that the delay of one day in the payment of rent should not be considered as wilful default. The court emphasized that for a default to be classified as wilful, it must be intentional, deliberate, and conscious. The tenant's misunderstanding of the technicalities of the law contributed to the delay, and thus the eviction was not justified. The case was sent back to the Rent Tribunal to be decided on its merits. |
| Summary |
In the case of Writ Petitions Nos. 1110 to 1117 of 2011, the Lahore High Court addressed the issue of eviction proceedings under the Punjab Rented Premises Ordinance. The primary focus was on whether the tenant's one-day delay in rent payment constituted wilful default. The court determined that wilful default must be intentional and deliberate, and a minor delay due to misunderstanding of legal obligations does not meet this standard. The ruling emphasized tenant rights and the importance of clear communication regarding rent payments. This decision is significant in landlord-tenant disputes, highlighting the need for landlords to provide clear guidance on payment deadlines to avoid unjust evictions. The case references several precedents that support the notion that not all delays in rent payment are wilful, especially when caused by ignorance or misunderstanding of legal requirements. Keywords include 'eviction proceedings', 'wilful default', 'tenant rights', and 'Punjab Rented Premises Ordinance', which are trending in legal discussions around rental agreements and tenant protections. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
IJAZ AHMAD, J
|
| Lawyers |
Abdul Naveed Khan,
Syed Zafar Ullah Salari
|
| Petitioners |
MUHAMMAD NAWAZ SHEIKH
|
| Respondents |
MANZAR HAS SAN
|
| Citations |
2011 SLD 431,
2011 PLD 531
|
| Other Citations |
Muhammad Yamin v. Mashroofullah Khan 1980 CLC 848,
Mehdi Zafar v. Mrs.Fauzia Raqueeb 1989 MLD 3563,
Dr.Sheikh Fayyaz Anwar v. Sheikh Nemat Ullah and another 1988 CLC 245,
Muhammad Tariq v. Sardar Khan and 9 others 1998 CLC 1054,
Muhammad Arshad Khokhar v. Mrs. Zohra Khanum and others 2010 SCMR 1071,
Zhange Guogen v. Mst. Jahanzeba Begum, and others Writ Petition No.1728 of 2009
|
| Laws Involved |
Punjab Rented Premises Ordinance (XXI of 2007),
Constitution of Pakistan, 1973
|
| Sections |
19,
24(4),
199
|