| Case ID |
143551b8-a110-42be-bbfc-b6273fb4f920 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 31 |
| Decision Date |
Jul 04, 1983 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for leave to appeal from the judgment of the Lahore High Court. The court held that the Rent Controller was entitled to determine the landlord-tenant relationship, which is foundational for the exercise of its jurisdiction. The case was remanded for a fresh hearing by the District Judge, allowing parties to present additional evidence. The court found no justification for the petitioners' apprehension of prejudice, as they would still have an opportunity to argue their case at the District Judge level. |
| Summary |
In the case at hand, the Supreme Court of Pakistan addressed the issues surrounding the jurisdiction of the Rent Controller under the West Pakistan Urban Rent Restriction Ordinance (VI of 1959). The court emphasized the authority of the Rent Controller to ascertain the relationship between landlord and tenant, which is crucial for its jurisdiction. The case involved a dispute over the ejectment of tenants from a shop, with one party claiming ownership based on a transfer from settlement authorities. The court's decision underscores the procedural safeguards available to parties in ejectment proceedings and highlights the importance of judicial review. This ruling reflects the balance between statutory authority and the right to a fair hearing, ensuring that parties can present their evidence in a judicial forum. Overall, the case serves as a precedent for future landlord-tenant disputes and the jurisdictional boundaries of rent control authorities. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIM HASAN SHAH,
ZAFFAR HUSSAIN MIRZA
|
| Lawyers |
Kh. Muhammad Farooq,
Karam Elahi Bhatti
|
| Petitioners |
SHARIF HUSSAIN,
SHAMIM HUSSAIN
|
| Respondents |
Havaldar PIR BAKHSH,
Khudadad
|
| Citations |
1983 SLD 472,
1983 SCMR 857
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance (VI of 1959),
Constitution of Pakistan (1973)
|
| Sections |
13,
Art. 185(3)
|