| Case ID |
23128f14-e7d7-4339-a68b-8b221f913dd3 |
| Body |
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| Case Number |
Civil Appeal No. 37 of 1972 in C. P. S. L. A. No. |
| Decision Date |
Jun 23, 1972 |
| Hearing Date |
Jun 23, 1972 |
| Decision |
The Supreme Court of Pakistan ruled that the trial Court failed to properly assess the evidence regarding the service of notice under section 30 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958. The Court emphasized that the appellant had rebutted the presumption of service by denying receipt and requested a comparison of signatures to ascertain authenticity. Consequently, the case was remanded to the trial Court for further proceedings consistent with the Supreme Court's findings. The appeal was accepted, and the parties were instructed to bear their own costs. |
| Summary |
This case revolves around the eviction proceedings initiated under the West Pakistan Urban Rent Restriction Ordinance and the Displaced Persons (Compensation and Rehabilitation) Act. The appellant, Gulzar Begum, contested the eviction notice claiming non-receipt, despite the notice being properly addressed. The Supreme Court found procedural flaws in the lower Courts' handling of the notice service. The ruling emphasizes the importance of due process in eviction cases and the necessity for courts to verify claims of notice delivery, which is critical for protecting tenants' rights. This case highlights the intersection of property law and tenant rights, making it significant for future legal precedents in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
WAHEEDUDDIN AHMAD, J
|
| Lawyers |
Ch. Muhammad Hussain, Advocate Supreme Court,
Sh. Abdul Karim, Advocate-on-Record,
Ch. Khalil-ur-Rehman, Advocate-on-Record
|
| Petitioners |
GULZAR BEGUM
|
| Respondents |
Mst. SAIRAH BIBI
|
| Citations |
1972 SLD 181,
1972 SCMR 251
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance,
Displaced Persons (Compensation and Rehabilitation) Act
|
| Sections |
13,
30
|