| Case ID |
19f69536-6109-4201-86da-2b212cb5018c |
| Body |
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| Case Number |
Civil Petition No. 1180 of 1989 |
| Decision Date |
Jan 22, 1990 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan upheld the decision of the Rent Controller to strike off the tenant's defense for non-compliance with the rent order and ordered his eviction. However, the court granted leave to appeal to examine the contention that the case of the tenant, who was in jail, warranted more consideration. The court noted that the tenant had not been served with notice in the ejectment proceedings and that the ejectment application was improperly filed through his minor son and next friend. |
| Summary |
This case revolves around the eviction of a tenant who was in jail and represented through his minor son. The Rent Controller's order to strike off the tenant's defense for non-compliance led to an appeal. The Supreme Court emphasized the importance of proper notice and representation in eviction proceedings, particularly for tenants who are unable to defend themselves due to incarceration. The case highlights issues of justice and due process in landlord-tenant disputes, particularly under the West Pakistan Urban Rent Restriction Ordinance and the Constitution of Pakistan. The ruling underscores the need for fair treatment of tenants, ensuring that legal processes are followed to protect their rights. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
GHULAM MUJADDID,
ABDUL SHAKURUL SALAM
|
| Lawyers |
Hakim Muhammad Sardar Khan
|
| Petitioners |
MUHAMMAD FAZAL
|
| Respondents |
others,
TARIO JAVED
|
| Citations |
1990 SLD 874,
1990 SCMR 975
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance (VI of 1959),
Constitution of Pakistan (1973)
|
| Sections |
13,
185(3)
|