| Case ID |
1f5352d3-6708-45ae-854b-c02fd56305ce |
| Body |
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| Case Number |
Civil Petition No. 1171 of 2003 |
| Decision Date |
May 04, 2004 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted the petition for leave to appeal and allowed the appeal, setting aside the impugned order of the High Court and the Rent Controller. The Court found that the delay of one day in the payment of rent was due to circumstances beyond the control of the petitioner, specifically bank holidays and public holidays. It ruled that the deposit of rent made the day after the holidays would be considered valid as if made on the last day fixed by the Rent Controller under Section 16(1) of the Sindh Rented Premises Ordinance, 1979. The Court emphasized that principles of justice, equity, and good conscience should guide such decisions, and the legal maxim 'lex non cogit ad impossibilia' applies in cases where compliance is not feasible due to external circumstances. |
| Summary |
In the case of Safeer Travels (PVT.) LTD. vs. Muhammad Khalid Shafi, the Supreme Court of Pakistan addressed issues surrounding tenancy and the timely payment of rent under the Sindh Rented Premises Ordinance. The petitioner, Safeer Travels, faced ejectment due to a one-day delay in rent payments, which occurred during bank and public holidays. The Court ruled that the delay was justified, highlighting the importance of considering external factors affecting compliance with legal obligations. The decision reinforced the principles of justice and equity in landlord-tenant relationships, establishing that tenants should not be penalized for circumstances beyond their control. This case is significant for tenants and landlords alike, as it sets a precedent for how delays in rent payments due to holidays are treated under the law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Nazim Hussain Siddiqui, C.J.,
Abdul Hameed Dogar,
Faqir Muhammad Khokhar, J.
|
| Lawyers |
Fazl-e-Ghani Khan, Advocate Supreme Court,
M. S. Khattak, Advocate-on-Record
|
| Petitioners |
Safeer Travels (PVT.) LTD.,
Chief Executive Safeerul Islam
|
| Respondents |
Muhammad Khalid Shafi through Legal Heirs
|
| Citations |
2004 SLD 2703,
2004 PLD 690
|
| Other Citations |
The State Life Insurance Corporation of Pakistan v. Kotri Textiles Mills (Pvt.) Ltd. 2002 SCMR 605,
Malik Shoaib Anwar v. Bashir Hussain Shami and 2 others 1993 SCMR 535,
Nasir Kamal Pasha v. Muhammad Ismail Khan PLD 1993 Kar. 192,
Syed Masood Hussain and others v. Muhammad Saeed Khan and others PLD 1965 (W.P) Lah 11,
Messrs Bisvil Spinners Ltd. and 2 others v. Ahmad Aziz Zia and another 1985 CLC 1207,
Obaid-ud-Salam and others v. Faiz Muhammad Khan and others 1987 SCMR 216,
Ikramullah and others v. Said Jamal 1980 SCMR 375,
Mst. Mumtaz Begum v. Abdul Wahid 1990 CLC 1305,
Noor Badshah v. Dr. Rana Arif Ali 1995 CLC 1830,
Harinder Singh v S. Karnail Singh and others AIR 1957 SC 271,
Pat Ram and others v Edwin Horward and others AIR 1931 Lah. 388,
Ghulam Muhammad v. Mst. Raj Begum PLD 1962 (W.P) Quetta 136,
Raja Pande v. Sheopujan Pande and others AIR 1942 All. 429,
Kaushalendra Prasad Naryan Singh v. R. P. Singh and others AIR 1958 Patna 196,
Muthuvenkatapathy Reddy v. Kuppu Reddi and others AIR 1940 Mad. 427
|
| Laws Involved |
Sindh Rented Premises Ordinance,
General Clauses Act, 1897,
West Pakistan General Clauses Act
|
| Sections |
16(2),
10,
9
|