| Case ID |
20d396d2-c235-4531-b4fe-8ffa95064624 |
| Body |
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| Case Number |
Civil Appeal No. K-114 of 1981 |
| Decision Date |
May 18, 1981 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan upheld the decision of the Rent Controller and the Additional District Judge, maintaining the ex parte eviction order against the tenant. The court found that the tenant had failed to appear at multiple hearings and had not shown sufficient interest in contesting the eviction. The court emphasized that the tenant's absence and lack of representation by counsel justified the Rent Controller's decision to proceed with the case. The court ruled that the tenant had been given adequate opportunity to present his case but had not done so, leading to the conclusion that the eviction order was unexceptionable. The tenant was granted three months to vacate the premises, contingent upon timely rent payments. |
| Summary |
This case revolves around the eviction of a tenant under the West Pakistan Urban Rent Restriction Ordinance. The landlord, Safdar Ali Tayab Ali, sought the eviction of the tenant, Messrs Hajee Bashir Textile Mill, due to non-payment of rent and unauthorized use of the leased property. The Rent Controller issued an ex parte eviction order after the tenant failed to appear in court. The tenant's subsequent appeals were dismissed, leading to an appeal in the Supreme Court. The court ultimately upheld the eviction order, citing the tenant's lack of interest and failure to comply with court procedures. The case highlights the importance of tenant compliance with legal obligations and the consequences of failing to defend against eviction proceedings. Keywords such as 'eviction proceedings', 'tenant rights', and 'rent control laws' are essential for understanding the legal landscape surrounding this case. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
KARAM ELAHEE CHAUHAN,
MUHAMMAD AFZAL ZULLAH,
SHAH NAWAZ KHAN
|
| Lawyers |
A. F. M. Mokarim,
Ali Akbar,
S. H. Rizvi,
Faizanul Haq
|
| Petitioners |
SAFDAR ALI TAYAB ALI
|
| Respondents |
MESSRS HAJEE BASHIR TEXTILE MILL
|
| Citations |
1982 SLD 662,
1982 SCMR 1192
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance (VI of 1959),
Civil Procedure Code (V of 1908)
|
| Sections |
13(2),
15(4),
O. IX, r. 13
|