| Case ID |
09c9c8ec-9e43-43dd-b51e-19d4030cd788 |
| Body |
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| Case Number |
C.P. Nos.D-223 and D-224 of 2004 |
| Decision Date |
Aug 02, 2004 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan, in its ruling dated August 2, 2004, addressed the appeals arising from the High Court's dismissal of the petitioners' constitutional petitions concerning the eviction proceedings initiated by the respondent landlady. The Court found that the tenant had complied with the legal requirements for rent deposit under the Sindh Rented Premises Ordinance after the landlord refused to accept payment. The Court emphasized the validity of the postal certificate as a public document, thus supporting the tenant's position. Consequently, the Supreme Court overturned the decisions of the lower courts, reinstating the Rent Controller's ruling that favored the tenant. This decision underscores the importance of proper evidence assessment in eviction cases and affirms the tenant's rights under the relevant laws. |
| Summary |
In the landmark case of Messrs JOURNALIST PUBLICATION (PVT) LIMITED vs. Mst. MUMTAZ BEGUM, the Supreme Court of Pakistan examined critical issues surrounding tenant rights under the Sindh Rented Premises Ordinance. The case revolved around the tenant's alleged default in rent payments and the subsequent eviction proceedings initiated by the landlady. The Court scrutinized the procedural aspects of rent deposits, highlighting that the tenant had made timely deposits after the landlord's refusal to accept payment through money order. The importance of public documents, such as the postal certificate, was also emphasized, as it provided undeniable evidence of the tenant's compliance with legal obligations. This ruling is significant as it reinforces the protections afforded to tenants against unlawful eviction and the necessity for courts to meticulously evaluate evidence presented in such disputes. By setting aside the lower court judgments that favored the landlady, the Supreme Court affirmed the principles of justice and fairness in landlord-tenant relationships, marking a notable precedent in Pakistani property law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
RANA BHAGWANDAS,
SYED DEEDAR HUSSAIN SHAH
|
| Lawyers |
Ain-ud-Din Khan, Advocate Supreme Court,
Akhlaq Ahmed Siddiqui, Advocate-on-record
|
| Petitioners |
Messrs JOURNALIST PUBLICATION (PVT) LIMITED through Chief Editor
|
| Respondents |
Mst. MUMTAZ BEGUM alias MUSTARI BEGUM through her duly constituted Attorney
|
| Citations |
2004 SLD 1229,
2004 SCMR 1773
|
| Other Citations |
Muhammad Akhtar v. Manna 2001 SCMR 1700
|
| Laws Involved |
Sindh Rented Premises Ordinance,
Qanun-e-Shahadat
|
| Sections |
10(3),
15(2)(ii),
129(e)
|