| Case ID |
2afb633e-47a5-4109-9e72-95bc4650f5e0 |
| Body |
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| Case Number |
Civil Petition No. K-602 of 1984 |
| Decision Date |
Jul 02, 1985 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal, affirming the High Court's decision to remand the case for retrial based on the contradictory findings of the Rent Controller. The court found that the default in payment of rent was merely technical and upheld the High Court's reasoning regarding the order of deposit suffering from contradictions. The reliance on previous cases was deemed inapt as the circumstances were distinguishable, leading to the conclusion that the Rent Controller's actions were not justified. Thus, the eviction order was set aside, allowing the respondents to continue their tenancy under the stipulated conditions. |
| Summary |
The case revolves around the interpretation of the Sind Rented Premises Ordinance, specifically focusing on the compliance with rent deposit orders and the implications of non-compliance in eviction proceedings. The Supreme Court emphasized the importance of clear and consistent rulings from lower courts, highlighting that technical defaults should not lead to unjust evictions. This case serves as a significant precedent in landlord-tenant disputes, underlining the necessity for judicial clarity and fairness in adjudicating rental agreements. Keywords: landlord, tenant rights, eviction proceedings, rent deposit compliance, Sind Rented Premises Ordinance, Pakistan law, Supreme Court decisions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL KADIR SHAIKH,
S.A. NUSRAT,
ZAFFAR HUSSAIN MIRZA
|
| Lawyers |
Badrudaja Khan
|
| Petitioners |
SHAHID HUSSAIN
|
| Respondents |
IQBAL,
1 other
|
| Citations |
1986 SLD 712,
1986 SCMR 1069
|
| Other Citations |
Muhammad Bashir v. Mst. Mubina Begum Civil Petition for Special Leave to Appeal No. K-484 of 1983
|
| Laws Involved |
Constitution of Pakistan (1973),
Sind Rented Premises Ordinance (XVII of 1979)
|
| Sections |
16(1),
15,
16(2)
|