| Case ID |
0911ebd3-22bd-41f5-a5d2-80346e10514f |
| Body |
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| Case Number |
Civil Appeal No. 201 of 1980 |
| Decision Date |
Apr 19, 1987 |
| Hearing Date |
Apr 19, 1987 |
| Decision |
The Supreme Court of Pakistan dismissed the appeal, affirming that the respondents were not wilful defaulters in the matter of rent payment. The court highlighted that the landlord, by refusing to accept rent, created difficulties for the tenants, which led to a situation where the tenants reasonably adopted the prescribed method of depositing rent with the Rent Controller. The decision of the High Court was upheld, confirming that the order of ejectment was not warranted under the circumstances presented. Furthermore, the court did not consider other grounds, such as the landlord's personal requirement for the house, as the leave to appeal was granted only to assess the wilfulness of the default. |
| Summary |
In the case of Civil Appeal No. 201 of 1980, the Supreme Court of Pakistan addressed the issue of rent default under the West Pakistan Urban Rent Restriction Ordinance. The appellant, INAYAT ULLAH, sought to eject the respondents, ZAHOOR-UD-DIN and another, citing non-payment of rent. The Rent Controller initially ruled in favor of the appellant, but the High Court reversed this decision, leading to the appeal before the Supreme Court. The core issue was whether the respondents' default in rent payment was wilful. The Supreme Court found that the landlord's refusal to accept rent payments constituted an obstruction to the tenants, who attempted to pay rent through alternative means. The court emphasized the importance of fair conduct in landlord-tenant relationships and ruled that the respondents were not wilful defaulters. This case reinforces tenants' rights and highlights the responsibilities of landlords in maintaining a fair rental process. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFIUR RAHMAN,
JAVID IQBAL,
ALI HUSSAIN QAZILBASH,
MIAN BURHANUDDIN KHAN
|
| Lawyers |
Ch. Muhammad Aslam Chattha,
M.A. Qureshi
|
| Petitioners |
INAYAT ULLAH
|
| Respondents |
,
ZAHOOR-UD-DIN
|
| Citations |
1987 SLD 1699,
1987 SCMR 1313
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
West Pakistan Urban Rent Restriction Ordinance (VI of 1959)
|
| Sections |
185(3),
13
|