| Case ID |
205b83fd-ed27-4276-bc7a-1439a78cc8d3 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. K 6 |
| Decision Date |
Feb 15, 1983 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal based on the argument that the ejectment application against the petitioner, who is the widow of the deceased tenant, was not competent against the other heirs of the deceased tenant who are in possession of the demised premises. The petition was allowed, and the petitioner was not to be evicted from the demised premises until the appeal was decided, provided she deposited rent in court as per an earlier order. The appeal will be heard on the present record, with the opportunity for parties to file additional documents if necessary. Security was set at Rs. 500. |
| Summary |
In the landmark case of MRS. ABDUL REHMAN ARAIN vs. MEHMOODUL HASAN, the Supreme Court of Pakistan addressed crucial aspects of tenancy rights, particularly focusing on the rights of widows of deceased tenants under the West Pakistan Urban Rent Restriction Ordinance. The court evaluated the legality of ejectment applications and emphasized the need for competent actions against heirs in possession of rented premises. The decision underscored the importance of protecting vulnerable tenants, especially widows, ensuring they are not unjustly evicted while legal proceedings are pending. The ruling is significant in the context of evolving landlord-tenant laws in Pakistan, reflecting a balance between property rights and tenant protections. This case sets a precedent for future cases involving similar circumstances, highlighting the judiciary's role in safeguarding tenants' rights amidst changing socio-legal landscapes. Keywords like 'tenancy rights', 'eviction', and 'widow protection' are essential for understanding the implications of this ruling in contemporary legal discussions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL KADIR SHAIKH,
S. A. NUSRAT,
ZAFFAR HUSSAIN MIRZA
|
| Lawyers |
S. M. Gharib Nawaz
|
| Petitioners |
MRS. ABDUL REHMAN ARAIN
|
| Respondents |
MEHMOODUL HASAN
|
| Citations |
1983 SLD 283,
1983 SCMR 1148
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan,
West Pakistan Urban Rent Restriction Ordinance
|
| Sections |
185(3),
VI of 1959, S. 13
|