| Case ID |
155fac0d-2f30-4773-af11-e3da00ae6e0d |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 30-K of 198 |
| Decision Date |
May 29, 1986 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal to consider the significant legal question regarding the waiver of the landlord's right to evict a tenant in the context of the Sind Rented Premises Ordinance. The case arose from a landlord's petition for leave to appeal against the Sind High Court's decision which favored the tenant in an eviction case based on non-payment of rent. The court emphasized that the consent order allowing the tenant to pay arrears in installments should not be interpreted as a waiver of the landlord's right to eviction unless explicitly stated. The court also noted the importance of maintaining the integrity of the landlord-tenant relationship and the necessity for tenants to adhere to their obligations under the tenancy agreement. The decision underlines the legal principles governing rental agreements and the implications of default in rent payment. |
| Summary |
This case revolves around the legal implications of rent defaults under the Sind Rented Premises Ordinance and the Constitution of Pakistan. The Supreme Court of Pakistan considered the case of Abdul Samad Sirajuddin against Muhammad Khawaja, focusing on whether the consent order from Distress Warrant proceedings constituted a waiver of the landlord's right to evict the tenant. The court ruled that a tenant cannot simultaneously deny the landlord-tenant relationship while claiming that no default occurred. The decision underscores the importance of clear legal obligations in rental agreements and the necessity for tenants to comply with payment terms to avoid eviction. This case is significant for understanding landlord rights, tenant obligations, and the legal frameworks governing rental disputes, making it a crucial reference for lawyers and advocates dealing with similar cases. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL KADIR SHAIKH,
ZAFFAR HUSSAIN MIRZA
|
| Lawyers |
Abdul Majeed Khan,
Faizanul Haq
|
| Petitioners |
ABDUL SAMAD SIRAJUDDIN
|
| Respondents |
MUHAMMAD KHAWAJA
|
| Citations |
1987 SLD 327,
1987 SCMR 378
|
| Other Citations |
Haji Fida Hussain v Muhammad Ibrahim Khan 1972 S C M R 262,
Shameem Ahmad Chaudhry v. Musharaf Ali Khan 1982 C L C 2284
|
| Laws Involved |
Constitution of Pakistan (1973),
Sind Rented Premises Ordinance (XVII of 1979)
|
| Sections |
Art. 185(3),
S.15(2)
|