| Case ID |
18346f39-94fa-493e-9bf6-de197cf1f31a |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 196 |
| Decision Date |
May 28, 1988 |
| Hearing Date |
May 28, 1988 |
| Decision |
The Supreme Court of Pakistan ruled that the non-deposit of rent by the tenant, which was delayed due to court vacations, was not considered avoidable default. The tenant, who had deposited the rent after the deadline due to the closure of courts, had their defense reinstated by the Additional District Judge. The High Court upheld this finding, leading to the petitioners seeking leave to appeal. The Supreme Court found no justification to interfere with the lower courts' decisions, thus dismissing the petition. |
| Summary |
This case revolves around the interpretation of rent laws and the implications of court vacations on rent payments. The petitioners, owners of the rented premises, challenged the decision of the Lahore High Court that favored their tenant, who was unable to deposit rent on time due to court closures. The Supreme Court upheld the findings of the lower courts, reinforcing the principle that delays caused by court vacations do not constitute a default in rent payments. This case highlights the importance of understanding tenant rights and landlord obligations under the West Pakistan Urban Rent Restriction Ordinance. It serves as a significant precedent in landlord-tenant disputes, particularly during periods when courts are not in session. Key terms include eviction, rent default, court vacations, and tenant rights. The case underscores the necessity for landlords to be aware of legal provisions that protect tenants during such periods, ensuring compliance with the law to avoid unfavorable rulings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Respondent No.1
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
SAAD SAOOD JAN
|
| Lawyers |
Not available
|
| Petitioners |
others,
Syed NUR RIAHI GARDEZI
|
| Respondents |
others,
Mian NASIM MUSLIM
|
| Citations |
1988 SLD 2717,
1988 SCMR 1647
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
185(3),
West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S.13(6)
|