| Case ID |
0a83264d-09e8-463b-b522-c8b1d4789a55 |
| Body |
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| Case Number |
Civil Appeal No. 137 of 1981 |
| Decision Date |
Dec 07, 1988 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal to resolve the controversy surrounding conflicting judgments regarding tax levied by the Excise and Taxation Department. The court held that the demand for rent based on the latest assessment by the Excise and Taxation Department must be regarded as lawful under the amended provisions of the Displaced Persons (Compensation and Rehabilitation) Act. Although the respondent was found to be ready to tender the amount of rent deposited with the Custodian, the Supreme Court declined to order the ejectment of the tenant under the discretion available in the West Pakistan Urban Rent Restriction Ordinance, affirming prior court decisions. |
| Summary |
In the case of Civil Appeal No. 137 of 1981, the Supreme Court of Pakistan addressed critical issues related to rent assessments under the Displaced Persons (Compensation and Rehabilitation) Act and the West Pakistan Urban Rent Restriction Ordinance. The court scrutinized conflicting judgments regarding whether taxes levied by the Excise and Taxation Department could be considered as assessments made by the Municipality. The ruling clarified that the latest assessments by the Excise and Taxation Department could indeed be interpreted as lawful for the purposes of rent demands. This landmark decision highlights the intersection of tax law and property rights, emphasizing the need for clarity in legal definitions and the responsibilities of landlords and tenants. The court's decision also underscores the importance of maintaining tenant rights in the face of evolving legal interpretations. By rejecting the ejectment of the tenant based on the circumstances of the case, the Supreme Court reinforced the protective measures available to tenants under the relevant ordinances. This case serves as a significant reference point for future disputes involving rent assessments and tenant rights in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
SHAFIUR RAHMAN,
JAVID IQBAL,
NAIMUDDIN, JJ
|
| Lawyers |
Ch. Mushtaq Masood, Advocate Supreme Court,
Sh. Masood Akhtar, Advocate-on-Record (absent),
Raja Abdur Razaq, Advocate-on-Record
|
| Petitioners |
Ch. MUHAMMAD ALI
|
| Respondents |
Mian ABDUR REHMAN
|
| Citations |
1989 SLD 903,
1989 PLD 123
|
| Other Citations |
Masood Hussain v. Muhammad Saeed Khan PLD 1965 Lah. 11,
Abdur Rashid v. Abdul Qadeer Shah PLD 1966 Pesh. 89,
Nur Khan v. Abdullah PLD 1976 Kar. 862
|
| Laws Involved |
Displaced Persons (Compensation and Rehabilitation) Act,
West Pakistan Urban Rent Restriction Ordinance
|
| Sections |
30(1),
13(1),
13
|