| Case ID |
26669080-f9e1-40fd-b098-53806bbf1c5d |
| Body |
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| Case Number |
Civil Appeal No. 151 of 1993 |
| Decision Date |
Jan 12, 1994 |
| Hearing Date |
|
| Decision |
This appeal by leave of the Court is directed against the judgment of the Lahore High Court, dated 30-11-1992. The appeal has been allowed, setting aside the order of the High Court and restoring that of the Additional District Judge dated 17-10-1991. The Rent Controller is directed to complete the inquiry within three months based on the evidence already recorded and any fresh evidence that parties wish to produce. The decision emphasizes the necessity for clear findings on issues of default and damage to property in eviction cases, aligning with the principles of justice and due process. |
| Summary |
In the case of Abdul Qadeer Chaudhry vs. Ch. Muhammad Siddioque, the Supreme Court of Pakistan addressed the issues surrounding the eviction of a tenant under the West Pakistan Urban Rent Restriction Ordinance. The case stemmed from a landlord's application for eviction based on non-payment of rent and damage to property. The court found that the Rent Controller had failed to record clear findings on these critical issues. The Supreme Court's decision restored the order of the Additional District Judge, which mandated further proceedings to ensure that both parties could present evidence on the matters at hand. This ruling underscores the importance of thorough judicial inquiry in landlord-tenant disputes, ensuring that decisions are based on substantiated evidence and proper legal standards. The case highlights key legal principles relevant to rent disputes, landlord rights, and tenant protections, making it a significant reference point in future cases of a similar nature. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL QADEER CHAUDHRY,
WALI MUHAMMAD KHAN
|
| Lawyers |
Ch. Muhammad Anwar Khan, Advocate Supreme Court,
S. Abul Aasim Jaferi, Advocate on-Record,
Ghulam Mahmood Qureshi, Advocate Supreme Court,
Saleem Shahnazi, Advocate Supreme Court,
Salah-ud-Din, Advocate on-Record
|
| Petitioners |
Hafiz MUHAMMAD ISHAQ
|
| Respondents |
Ch. MUHAMMAD SIDDIOUE
|
| Citations |
1995 SLD 666,
1995 SCMR 730
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance (VI of 1959),
Constitution of Pakistan (1973)
|
| Sections |
13,
185(3)
|