| Case ID |
25190dee-5769-45f8-abf7-baade0f16afe |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.494-K of 198 |
| Decision Date |
Feb 13, 1989 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan refused to grant leave to appeal against an interim order passed by the High Court. The case involved the condition of payment of arrears of rent imposed on the petitioners for the period since November 1971. The court held that the proceedings had started prior to 1971 and thus the recovery of rent was legitimate. Furthermore, it determined that even if an order was made without jurisdiction, the court had discretion to refuse leave to appeal based on the fitness of the case. The petitioners did not seek relief with clean hands, leading to the refusal of the leave to appeal. |
| Summary |
This case revolves around the West Pakistan Urban Rent Restriction Ordinance and the Constitution of Pakistan concerning the conditions for granting leave to appeal. The Supreme Court examined the legality of a High Court order that required the petitioners to pay rent arrears dating back to November 1971. The court emphasized the importance of the timeline of proceedings and the necessity of 'clean hands' in seeking judicial relief. The ruling highlights key legal principles regarding jurisdiction and the discretionary power of courts in leave to appeal cases. This summary is essential for understanding landlord-tenant disputes, particularly in the context of Pakistani law, and serves as a reference for similar cases involving rent arrears and appellate procedures. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
ZAFFAR HUSSAIN MIRZA
|
| Lawyers |
K.A.Wahab
|
| Petitioners |
3 OTHERS,
Mst. HASSAN BANO
|
| Respondents |
Mrs. MUMTAZ YOUNUS
|
| Citations |
1989 SLD 906,
1989 PLD 346
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance,
Constitution of Pakistan
|
| Sections |
S. 13,
Art. 185(3)
|