| Case ID |
08818814-3c12-4e00-8292-217e9c2065e9 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 402 |
| Decision Date |
Apr 09, 1980 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan upheld the decision of the Lahore High Court regarding the remand of the case to the Rent Controller for resolving the issue of whether statutory notice was served upon the tenant-petitioner. The Court noted that there were documents indicating that notices were served and emphasized the importance of ensuring just and fair adjudication. The Court dismissed the petition, finding no merit in the arguments presented by the petitioner, and emphasized the necessity of allowing the landlady the opportunity to demonstrate her claim regarding the statutory notice. |
| Summary |
In the case of Civil Petition for Special Leave to Appeal No. 402 of 1980, the Supreme Court of Pakistan addressed a dispute concerning the service of statutory notice under Section 30 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958. The key issues involved the relationship of landlord and tenant and the bona fide need of the property by the landlady. The Court found that the High Court's remand order was justified to ensure a fair trial, allowing both parties the opportunity to present evidence regarding the service of notice. This case highlights the importance of procedural fairness in landlord-tenant disputes and the judicial discretion exercised to eliminate technicalities in Rent Controller proceedings. The decision underscores the need for clarity in legal proceedings and the role of evidence in determining the rights of the parties involved, particularly in cases of tenancy and eviction. Keywords include tenant rights, landlord-tenant relationship, statutory notice, Rent Controller proceedings, and judicial discretion. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN,
SHAFIUR RAHMAN
|
| Lawyers |
Zia Mahmud Mirza, Advocate,
Rana Maqbool Ahmad Qadri
|
| Petitioners |
Mst. FARHAT BEGUM
|
| Respondents |
Shaikh GHULAM RASUL
|
| Citations |
1986 SLD 630,
1986 SCMR 798
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
West Pakistan Urban Rent Restriction Ordinance (VI of 1959),
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)
|
| Sections |
Art. 185(3),
S.13,
S.30
|