| Case ID |
09c51772-92c7-48f1-85ed-f8e0422a5555 |
| Body |
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| Case Number |
Writ Petition No. 1866 of 1981 |
| Decision Date |
Jun 06, 1981 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled that the order of ejectment made by the Rent Controller was without jurisdiction, as it was made eight days before the expiry of the period allowed for the deposit of rent. The court emphasized that the Rent Controller could not curtail the time for the tenant to make a deposit, and thus the eviction order was quashed. The petitioners were entitled to make the deposit until the deadline of 14th November 1980, and the Rent Controller's premature action to strike off their defense was deemed unjust. The court accepted the petition, set aside the previous orders, and directed the Rent Controller to proceed with the case afresh in accordance with the law. |
| Summary |
This case revolves around the West Pakistan Urban Rent Restriction Ordinance and addresses the issue of ejectment due to alleged default in rent payment. The Lahore High Court's decision clarifies the tenant's rights regarding the time frame for rent deposit, emphasizing that the Rent Controller must allow the full period for payment before declaring a tenant in default. This ruling serves as a critical precedent in landlord-tenant disputes, particularly concerning adherence to statutory timelines for rent payments. Keywords such as 'ejectment', 'rent default', 'legal jurisdiction', and 'Lahore High Court' are crucial for understanding the implications of this case within the broader context of property law in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ILYAS, J
|
| Lawyers |
Malik Muhammad Qayyum,
Kh. Muhammad Akram,
Nemo
|
| Petitioners |
MUHAMMAD AMEEN,
MUHAMMAD SIDDIQUB,
AMEEN CORPORATION
|
| Respondents |
KHALID RASHID
|
| Citations |
1981 SLD 1551,
1981 PLD 734
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance
|
| Sections |
13(6)
|