| Case ID |
08c44c3f-1dc9-4373-98fc-c7cf45a447ed |
| Body |
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| Case Number |
Civil Petition No. K 70 of 1983 |
| Decision Date |
Apr 20, 1983 |
| Hearing Date |
Apr 26, 1983 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for special leave to appeal against the Sind High Court's judgment, which upheld the order of ejectment against the petitioners. The court found that the petitioners had failed to pursue their application for additional issues diligently, and the question of locus standi of the managing trustee was not substantiated as the tenants had been paying rent to him. The court emphasized the importance of participating in proceedings and cross-examining witnesses to challenge claims effectively. The judgment of the High Court was held to be unexceptionable and the petition was dismissed. |
| Summary |
In the case of Civil Petition No. K 70 of 1983, the Supreme Court of Pakistan addressed the ejectment of tenants under the Sind Rented Premises Ordinance. The case arose following the death of a tenant, Asghar Ali Sulemanji, where the landlord sought to eject the new statutory tenants. The High Court's dismissal of the tenants' appeal was upheld by the Supreme Court, which noted that the tenants had not effectively challenged the landlord's authority to file for ejectment. The court highlighted that the tenants' absence during proceedings led to an ex parte decision against them, emphasizing the necessity of active participation in legal processes. This case illustrates key principles regarding tenant rights, landlord obligations, and procedural diligence in civil litigation. It serves as a significant reference for matters related to tenancy laws, especially in the context of the Sind Rented Premises Ordinance and the Constitution of Pakistan, reinforcing the importance of proper legal representation and the implications of failing to engage in court proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
ABDUL KADIR SHAIKH,
S. A. NUSRAT,
ZAFFAR HUSSAIN MIRZA
|
| Lawyers |
Rehanul Hassan Farooqi,
Shafaat Hussain,
M. S. Ghaury,
Faizanul Haq
|
| Petitioners |
MUHAMMAD HUSSAIN
|
| Respondents |
OTHERS,
ABDUL HUSSAIN KARIMJI TRUST
|
| Citations |
1983 SLD 352,
1983 SCMR 1311
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Sind Rented Premises Ordinance (XVII of 1979)
|
| Sections |
Art. 185(3)
|