| Case ID |
10f13362-87b7-4f2e-8e2d-9700047463da |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 8 o |
| Decision Date |
Mar 12, 1980 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition, affirming the lower courts' findings regarding the habitual default of the petitioner in rent payment. The court concluded that the petitioner was in wilful default by refusing to acknowledge the title of the respondent as the landlord after the partition of the property. The court also noted that the respondent required the shop for his own business, dismissing the petitioner's claims as unconvincing. The principle of res judicata was deemed inapplicable, and the petition was found without merit. |
| Summary |
In the case of Civil Petition for Special Leave to Appeal No. 8 of 1975, the Supreme Court of Pakistan addressed a dispute regarding the eviction of a tenant from a shop in Anarkali, Lahore, due to non-payment of rent. The petitioner, Muhammad Siddiq, contested the eviction on grounds of a purported collusion in the partition of the property, which had originally been co-owned. The court emphasized the importance of adhering to landlord-tenant laws, specifically under the West Pakistan Urban Rent Restriction Ordinance, which protects landlords' rights to receive rent. The court highlighted that the tenant's persistent refusal to acknowledge the respondent, Muhammad Sharif, as the landlord constituted a wilful default in rent payment. The decision underscored the necessity for tenants to recognize the legal rights of landlords, especially following property transfers and partitions. The court found no merit in the petitioner's arguments against the lower court's unanimous decision and reaffirmed the respondent's legitimate need for the shop for business purposes. The ruling serves as a critical reference in landlord-tenant law, emphasizing the responsibilities of tenants to comply with rental agreements and the legal recognition of property ownership transfers. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Dorab Patel,
Nasim Hasan Shah
|
| Lawyers |
M. Aslam Khan,
Sh. Abdul Karim,
Kh. Mushtaq Ahmad
|
| Petitioners |
Muhammad Siddiq
|
| Respondents |
Muhammad Sharif
|
| Citations |
1982 SLD 481,
1982 SCMR 804
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance
|
| Sections |
S. 13(2)(i)
|