| Case ID |
0f8d564f-257e-4378-a419-7dc0d75ecf2c |
| Body |
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| Case Number |
Civil Petitions for Leave to Appeal Nos.390-K and |
| Decision Date |
Feb 10, 1998 |
| Hearing Date |
Feb 10, 1998 |
| Decision |
The Supreme Court of Pakistan dismissed the petitions filed by the tenants against the orders of the High Court, affirming that the landlord was competent to file for ejectment without serving notice under Section 18 of the Sindh Rented Premises Ordinance, as he was a co-owner of the property. The court highlighted that the tenant had previously admitted the landlord's status as a co-owner in their written statement and failed to raise the argument of non-service of notice in prior proceedings. The court also granted the tenant a one-year period to vacate the premises, provided that rent was paid regularly during this time, with a stipulation for immediate ejectment should the tenant fail to comply with the order at the end of the year. |
| Summary |
This case revolves around the ejectment of a tenant under the Sindh Rented Premises Ordinance, specifically focusing on the landlord's right to file for ejectment without prior notice under Section 18. The Supreme Court of Pakistan ruled on the petitions filed by tenants who contested the orders of the High Court, which had upheld the landlord's right to evict them due to default in rent payment. The court emphasized the importance of the landlord's status as a co-owner and the tenant's failure to contest this point in earlier legal proceedings. The ruling serves as a significant reference for similar cases concerning landlord-tenant disputes, particularly the interpretation of co-ownership and the procedural requirements for eviction under the relevant laws. This case illustrates the complexities of property rights and the legal frameworks governing rental agreements in Pakistan, making it crucial for legal practitioners and stakeholders in the real estate sector to understand the implications of such rulings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
AJMAL MIAN, C.J.,
MAMOON KAZI, JJ
|
| Lawyers |
Ansar Hussain, Advocate Supreme Court for Petitioner,
Badrudduja, Advocate Supreme Court for Respondents,
A. Aziz Khan, Advocate-on-Record for Respondents
|
| Petitioners |
Fazal Sons
|
| Respondents |
Shabbir and others
|
| Citations |
1999 SLD 543,
1999 SCMR 2612
|
| Other Citations |
Not available
|
| Laws Involved |
Sindh Rented Premises Ordinance,
Qanun-e-Shahadat
|
| Sections |
15(2)(ii),
18,
132,
133
|