| Case ID |
2290ac13-6e9f-4ddf-9afb-2b2a13815622 |
| Body |
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| Case Number |
Civil Appeal No.16-Q of 1987 |
| Decision Date |
Jun 11, 1990 |
| Hearing Date |
Jun 11, 1990 |
| Decision |
The appeal was allowed, restoring the order of the Rent Controller. The decision emphasized that the explanation provided by the tenant regarding his illness, which prevented timely rent payment, was satisfactory and uncontroverted. The High Court's decision to strike off the tenant's defense was overturned, and the case was remanded for further proceedings according to law, ensuring that the tenant's rights were protected under the relevant legal provisions. |
| Summary |
In the case of Haji Shakar Khan (deceased) through Legal Heirs vs. Abdul Qadir and others, the Supreme Court of Pakistan addressed the complexities surrounding tenant eviction under the West Pakistan Urban Rent Restriction Ordinance. The case revolved around the tenant's claim that he had purchased half of the rented premises, a fact disputed by the landlords. The court granted leave to appeal to consider whether the Rent Controller had the authority to evict the tenant without determining the ownership issue. The court also examined the tenant's explanation for late rent payment due to illness, ultimately ruling that the explanation was valid and restoring the Rent Controller's order. This case underscores the importance of tenant rights and the necessity for proper legal procedures in eviction cases. It highlights the relevance of sub judice matters in landlord-tenant relationships, particularly under the Urban Rent Restriction Ordinance. Key terms include tenant rights, eviction, landlord-tenant disputes, and legal procedures in property law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL KADIR SHAIKH,
ZAFFAR HUSSAIN MIRZA,
ABDUL HAFEEZ MEMON
|
| Lawyers |
Not available
|
| Petitioners |
Haji SHAKAR KHAN (deceased) through Legal Heirs
|
| Respondents |
ABDUL QADIR and others
|
| Citations |
1991 SLD 1147,
1991 SCMR 1246
|
| Other Citations |
Mst. Azeemun Nisa Begum v. Ali Muhammad P L D 1990 S C 382
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance (VI of 1959),
Constitution of Pakistan (1973),
Transfer of Property Act (IV of 1882)
|
| Sections |
13,
185(3),
53-A
|