| Case ID |
0f534633-8f0b-47f4-bcdb-10deac4c91be |
| Body |
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| Case Number |
SA.O. No. 14 of 1991 |
| Decision Date |
Dec 22, 1992 |
| Hearing Date |
Oct 31, 1992 |
| Decision |
The Lahore High Court found that the Rent Controller and the Additional District Judge had incorrectly decided that the appellant, Muhammad Arif, had defaulted in compliance with the order to deposit rent under section 13(6) of the West Pakistan Urban Rent Restriction Ordinance. The Court established that the tenant must comply with the order directing him to deposit the rent, but also ruled that a mere clerical error in the challan form—where the tenant's name was mentioned instead of the landlord's—should not be treated as contumacious or intentional disobedience. The Court emphasized that the Rent Controller must consider whether the tenant's actions were deliberate before penalizing him with eviction. Consequently, the High Court accepted the appeal, set aside the eviction orders, and remanded the case for a decision on its merits. |
| Summary |
This case involves the interpretation of the West Pakistan Urban Rent Restriction Ordinance, specifically sections 13(6) and 13(8), which pertain to the deposit of rent by tenants. The Lahore High Court ruled on the significance of compliance with deposit orders and the implications of clerical errors in rent payment forms. The decision emphasized the need for the Rent Controller to ascertain whether a tenant's failure to follow procedural requirements amounted to intentional disobedience or was merely a technical error. This ruling is significant for tenants and landlords alike as it clarifies the legal standards surrounding rent deposits and the consequences of non-compliance. Keywords such as 'Urban Rent Restriction', 'Rent Deposit Compliance', and 'Tenant Rights' are crucial for understanding the legal landscape regarding tenant-landlord relationships in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Not available
|
| Lawyers |
Ch. Khurshid Ahmad,
Mian Nisar Ahmad
|
| Petitioners |
MUHAMMAD ARIF
|
| Respondents |
MUHAMMAD RAZA
|
| Citations |
1993 SLD 1129,
1993 PLD 121
|
| Other Citations |
Ghulam Muhammad Khan Lundkhoir v. Safdar Ali PLD 1967 SC 530,
Khawaja Ghulam Mustafa v. Mian Waqar Ahmad PLD 1980 SC 9,
Bahadur Khan and others v. Ch. Muhammad Hussain and others 1991 SCMR 429,
Abdullah Ghanghro and others v. Mst. Tahira Begum and others 1988 SCMR 970
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance (VI of 1959)
|
| Sections |
13,
13(6),
13(8),
15
|