| Case ID |
0bd3a22e-05e7-4193-8ae1-44e773e0ea1c |
| Body |
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| Case Number |
Civil Appeal No. 183 of 1989 |
| Decision Date |
Apr 09, 1990 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the appeal, affirming the decision of the lower courts. The court held that the relationship of landlord and tenant existed despite the pendency of the appeal concerning ownership of the property. It was determined that the tenant's objections regarding the ejectment order lacked merit, as the Rent Controller had the authority to rule on the matter based on the evidence presented. The court concluded that the landlord was entitled to collect rent for the entire month of October, 1985, as no evidence was provided to prove that rent was paid to the previous owner. The case highlighted the importance of registered transfer documents as notice to all parties involved, reinforcing the landlord's position in the ongoing tenancy dispute. |
| Summary |
This case involves a conflict regarding the eviction of a tenant under the Cantonments Rent Restriction Act, specifically focusing on the landlord-tenant relationship and the implications of pending ownership appeals. The Supreme Court's ruling emphasized the authority of the Rent Controller to adjudicate on tenancy matters, even when ownership disputes are unresolved. The decision stresses that the transfer of property through a registered document serves as sufficient notice, eliminating the need for further communication regarding the landlord's status. The court's analysis addresses the nuances of default in rent payment and the responsibilities of both landlords and tenants in such legal disputes. This case is significant for understanding tenancy laws and the legal framework governing landlord-tenant relationships in Pakistan, particularly under the Cantonments Rent Restriction Act. Keywords include landlord-tenant relationship, eviction, rent default, tenancy laws, and legal disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFIUR RAHMAN,
ABDUL QADEER CHAUDHRY
|
| Lawyers |
Not available
|
| Petitioners |
WALI MUHAMMAD
|
| Respondents |
MUKHTAR HUSSAIN
|
| Citations |
1991 SLD 827,
1991 SCMR 224
|
| Other Citations |
Allah Yar. v. Additional District Judge 1984 SCMR 741
|
| Laws Involved |
Cantonments Rent Restriction Act,
Constitution of Pakistan
|
| Sections |
17,
185(3)
|