Legal Case Summary

Case Details
Case ID 20d396d2-c235-4531-b4fe-8ffa95064624
Body View case body.
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