| Case ID |
19f0fa28-c1e4-411b-9bfc-3f41bcfb3a9b |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 34 |
| Decision Date |
Mar 04, 1979 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for special leave to appeal filed by the tenants, M/s. Fine Art Dyers and Printers, against the findings of the lower courts regarding non-payment of rent. The court upheld that the tenants were estopped from questioning the title of the landlords after the restoration of the property. The landlords had notified the tenants of the restoration of their title, and thus, the tenants had no justification to withhold rent. The court allowed the petitioners four months to vacate the plot, provided they continued to pay rent regularly during this period. |
| Summary |
In the case of M/s. Fine Art Dyers and Printers vs. Haji Abdul Rasool and Others, the Supreme Court of Pakistan addressed the issue of non-payment of rent under the West Pakistan Urban Rent Restriction Ordinance. The tenants argued that they were justified in withholding rent due to the landlords' forfeited title, which was subsequently restored. However, the court found that once the title was restored, the tenants had no excuse for failing to pay rent. The ruling emphasized the principle of estoppel, noting that tenants cannot question the landlords' status after restoration. This case highlights the importance of proper notification and the obligations of tenants to adhere to rental agreements despite prior disputes over property titles. The court's decision serves as a precedent for future rental disputes, reinforcing landlords' rights when titles are restored and tenants' responsibilities to fulfill their payment obligations. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Dorab Patel,
Karam Elahee Chauhan
|
| Lawyers |
Iqbal Qazi,
K. A. Ghani
|
| Petitioners |
M/s. Fine Art Dyers and Printers
|
| Respondents |
Haji Abdul Rasool and Others
|
| Citations |
1979 SLD 558,
1979 SCMR 318
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance
|
| Sections |
13,
13 A
|