| Case ID |
20b4fdb5-ca68-4196-b041-4106eb7f0dc8 |
| Body |
View case body. Login to View |
| Case Number |
N/A |
| Decision Date |
Apr 30, 1978 |
| Hearing Date |
Apr 30, 1978 |
| Decision |
The Supreme Court of Pakistan dismissed the petitioners' appeal against the Lahore High Court's order, which had set aside an ex parte order of ejectment. The Court concluded that the Rent Controller's decision to set aside the ejectment order was not appealable, as it was not definitive. The Court emphasized that the right to appeal is a statutory right and must be clearly established within the provisions of the West Pakistan Urban Rent Restriction Ordinance, 1959. The Court ruled that the impugned order was interlocutory and did not finally resolve the dispute. Therefore, the petitioners' claim for a direct appeal to the High Court was rejected, affirming the decisions of the lower courts. |
| Summary |
In the case of Mian MANZAR BASHIR and others versus M. A. ASGHAR & Co., the Supreme Court of Pakistan addressed critical issues regarding the appealability of orders under the West Pakistan Urban Rent Restriction Ordinance, 1959. The case arose when the petitioners, owners of the Mian Shah Din Building, sought to evict the respondent, a tenant who had allegedly ceased business operations and locked the premises. After the Rent Controller issued an ex parte order of ejectment, the respondent contested it, leading to a series of appeals that culminated in the Supreme Court. The Court ruled that the Rent Controller's decision to set aside the ejectment order was not a final order and thus not appealable. This judgment reinforces the principles of natural justice and the necessity for proper service of process. The decision highlights the limitations of the appeal process in rent control cases, emphasizing that not every order made by the Rent Controller is subject to appeal. The case serves as a significant reference in landlord-tenant disputes and clarifies procedural rights under the Rent Restriction Ordinance. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Mian Shah Din Building,
Shahrah-e-Quaid-e-Azam, Lahore
|
| Judges |
WAHEEDUDDIN AHMAD,
MUHAMMAD HALEEM,
KARAM ELAHEE CHAUHAN
|
| Lawyers |
Malik Muhammad Nawaz,
Tanveer Ahmad
|
| Petitioners |
others,
Mian MANZAR BASHIR
|
| Respondents |
M. A. ASGHAR & Co.
|
| Citations |
1978 SLD 293 = 1978 PLD 185
|
| Other Citations |
Gulzar Hussain Shah v. Ghulam Murtaza and others P L D 1970 S C 335,
Ibrahim v. Muhammad Hussain P L D 1975 S C 457,
Muhammad Umar and another v. Dr. Amina Ashraf P L D 1977 Kar. 305,
Mrs. Feroze Aslam v. Muhammad Akhtar P L D 1978 Lah. 488,
Syed Iqbal Hussain v. Mst. Sarwari Begum P L D 1967 Lah. 1138,
N. Q. Industries v. Mrs. Bapai Kaikhusro P L D 1968 Kar. 589,
Manzoor Bux v. Muhammad Yaqoob P L D 1975 Quetta 39,
Muhammad Aslam Mirza v. Mst. Khurshid Begum P L D 1972 Lah. 603,
Hazoor Bux v. Mahammad Yakoob P L D 1975 Quetta 39
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance, 1959
|
| Sections |
15(1),
15(1-A),
15(1-B),
15(4)
|