| Case ID |
159d0008-d413-4096-89eb-ec8d31473a4c |
| Body |
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| Case Number |
Civil Petition No. 565 of 2003 |
| Decision Date |
Apr 21, 2003 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for leave to appeal against the decision of the High Court, which had set aside the ex parte order of eviction against the tenant. The Court emphasized the importance of adjudicating on the merits of the case rather than on procedural technicalities. The Court also found that the adverse remarks recorded by a High Court judge against the Rent Controller were unwarranted and ordered them to be expunged. The Rent Controller was directed to re-evaluate the case based on the evidence presented, ensuring that all parties, including the tenant, were properly included in the proceedings. |
| Summary |
In the case of Muhammad Hussain Afzal vs Ziaullah, the Supreme Court of Pakistan addressed the validity of ex parte eviction orders under the West Pakistan Urban Rent Restriction Ordinance, 1959. The Court found that the High Court had acted correctly in setting aside an eviction order made without proper notice to a tenant who had not been included in the proceedings. The decision underscored the legal principle that courts should favor adjudication on merits over strict procedural adherence, particularly in matters involving tenancy rights. This case serves as a critical reference for landlords and tenants regarding the proper legal procedures in eviction cases and highlights the need for fair representation in judicial proceedings. The case also cited earlier judgments to reinforce its findings, making it a significant ruling in the context of landlord-tenant disputes in Pakistan. Keywords such as 'eviction order', 'landlord-tenant', and 'rent restriction' are essential for understanding the implications of this case in current legal practices. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Nazim Hussain Siddiqui,
Sardar Muhammad Raza Khan,
Faqir Muhammad Khokhar
|
| Lawyers |
Muhammad Munir Peracha,
Syed Ali Hassan Gilani
|
| Petitioners |
Muhammad Hussain Afzal
|
| Respondents |
Ziaullah
|
| Citations |
2003 SLD 3485,
2003 PLD 625
|
| Other Citations |
Mian Manzar Bashir v. M.A. Asghar and Company PLD 1978 SC 231,
Muhammad Aslam Mirza v. Mst. Khurshid Begum PLD 1972 Lah. 603
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance (VI of 1959),
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
13,
O.XIII, R.9,
Arts.185(3),
199
|