| Case ID |
154b415e-6690-4519-a555-2b73f05c156b |
| Body |
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| Case Number |
Civil Appeal No. K-268 of 1980 |
| Decision Date |
Jan 19, 1984 |
| Hearing Date |
Jan 19, 1984 |
| Decision |
In this appeal, the Supreme Court of Pakistan addressed the question of whether a tenant could be evicted for non-payment of rent despite claims of a long-standing practice of the landlord collecting rent in lump sums at irregular intervals. The Court highlighted that the burden of proof rested on the tenant to establish this practice, which was challenged by the landlord's denial. The Court ultimately found that the tenant had not provided sufficient evidence to support their claims and ruled in favor of the landlord. The appeal was allowed, and the High Court's decision was overturned, restoring the order of the Additional District Judge. |
| Summary |
This case revolves around the interpretation of the West Pakistan Urban Rent Restriction Ordinance, 1959, particularly focusing on the conditions under which a tenant may be evicted for defaulting on rent payments. The Supreme Court of Pakistan evaluated the claims made by the tenant regarding the landlord's practices in collecting rent, which were deemed insufficient to prevent eviction. The ruling emphasizes the importance of timely rent payments and the tenant's obligation to provide evidence when claiming irregularities in rent collection. This case serves as a crucial reference for similar disputes involving rent defaults and landlord-tenant relationships, highlighting the legal implications of rent payment practices under Pakistani law. Keywords such as 'tenant eviction', 'rent default', 'landlord rights', and 'urban rent laws' are relevant for understanding the legal context and implications of this case. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL KADIR SHAIKH,
M. S. H. QURAISHI,
MIAN BURHANUDDIN KHAN
|
| Lawyers |
Akhtar Mahmood Advocate-on-Record for Appellant
|
| Petitioners |
MALKA BEGUM
|
| Respondents |
MEHR ALI HASHMI
|
| Citations |
1984 SLD 633,
1984 SCMR 755
|
| Other Citations |
Fida Hussain v. Muhammad Ibrahim 1972 SCMR 262,
Alif Din v. Khadim Hussain 1980 SCMR 767,
Textile Trading Co. Ltd. v. Jalilur Rehman 1972 SCMR 384,
Muhammad Hasan & Co. v. Mahmood Ahmad 1975 SCMR 355
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance (VI of 1959),
Constitution of Pakistan (1973)
|
| Sections |
13,
15,
185(3)
|