| Case ID |
0ade1fba-d580-440a-b7ec-11da1cbb1c7c |
| Body |
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| Case Number |
Civil Appeal No. 12-0 of 1990 |
| Decision Date |
Sep 10, 1995 |
| Hearing Date |
|
| Decision |
The appeal was dismissed as the evidence presented established that a landlord-tenant relationship existed between the parties. The court found that the tenant had wilfully defaulted on rent payments despite having previously issued cheques for rent, one of which was dishonoured. The court noted that the tenant's claims regarding the nature of the rental relationship were inconsistent and not supported by evidence. The Rent Controller's decision to order eviction was upheld, affirming that the respondent was the landlord and had the right to collect rent. The court emphasized the importance of documentary and oral evidence in determining the relationship of landlord and tenant. |
| Summary |
This case revolves around the legal relationship between a landlord and tenant under the West Pakistan Urban Rent Restriction Ordinance, 1959. The Supreme Court of Pakistan addressed the critical issues of whether a landlord-tenant relationship existed and the implications of wilful default in rent payment. The case highlights the importance of clear evidence in establishing such relationships, particularly when disputes arise. The court's decision reinforced the notion that tenants must fulfill their obligations to pay rent regularly and that landlords have the right to seek eviction when those obligations are not met. This ruling serves as a significant reference point for future landlord-tenant disputes, emphasizing the necessity of maintaining proper records and adhering to legal requirements in rental agreements. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Saidoozaman Siddiqui,
Muhammad Bashir Khan,
Jehangiri
|
| Lawyers |
Not available
|
| Petitioners |
Muhammad Sadiq
|
| Respondents |
Allah Dad
|
| Citations |
1996 SLD 1081,
1996 SCMR 48
|
| Other Citations |
Muhammad Aslam v. Wazir Muhammad PLD 1985 SC 46,
Rehmatullah v. Ali Muhammad 1983 SCMR 1064
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance, 1959,
Constitution of Pakistan, 1973
|
| Sections |
13,
2,
22,
185(3)
|