| Case ID |
0bdae258-07d5-4cbe-aaa7-fb7789fb92b1 |
| Body |
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| Case Number |
W.P. No. 2187 of 2011 |
| Decision Date |
Oct 29, 2014 |
| Hearing Date |
|
| Decision |
The Peshawar High Court allowed the writ petition filed by Rifat Ullah Jan, wherein he challenged the orders of the learned Rent Controller which had adjourned the ejectment petition sine die on the grounds of ongoing civil litigation concerning the suit premises. The Court found that the civil litigation did not involve a direct landlord-tenant dispute, thereby rendering the Rent Controller's decision erroneous. As a result, the Court restored the eviction petition and directed the Rent Controller to proceed with the case on its merits, allowing both parties the opportunity to present their evidence. The ruling emphasized that issues of title are irrelevant in eviction proceedings, focusing instead on the landlord-tenant relationship. |
| Summary |
In the case of Rifat Ullah Jan vs. Bashir Zada, the Peshawar High Court dealt with a writ petition challenging the adjournment of an ejectment petition under the Cantonments Rent Restriction Act, 1963. The petitioner, Rifat Ullah Jan, sought to eject the respondent, Bashir Zada, for default in rent payment. The Rent Controller had adjourned the case sine die due to a separate civil litigation involving the premises. The High Court ruled that the civil litigation did not pertain to the landlord-tenant relationship, which is central to eviction cases. The decision reaffirmed that questions of title do not affect tenancy rights, thereby restoring the eviction petition for further proceedings. This case highlights the importance of understanding the legal framework surrounding landlord-tenant disputes and the relevance of procedural justice in such matters. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Nisar Hussain Khan,
Syed Afsar Shah
|
| Lawyers |
Not available
|
| Petitioners |
Rifat Ullah Jan
|
| Respondents |
,
Bashir Zada
|
| Citations |
2015 SLD 2793,
2015 PLJ 65
|
| Other Citations |
2004 SCMR 126,
PLD 2006 SC 549,
PLD 2000 Peshawar 54
|
| Laws Involved |
Cantonments Rent Restriction Act, 1963,
Constitution of Pakistan, 1973
|
| Sections |
17,
199
|