| Case ID |
2b37976d-9786-44e0-b5bc-9309e2c2fc77 |
| Body |
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| Case Number |
C.P. No. 651-K of 2018 |
| Decision Date |
Jun 11, 2018 |
| Hearing Date |
Jun 11, 2018 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal, ruling that the relationship of landlord and tenant persisted between the petitioner and the respondent despite the cancellation of the Permanent Transfer Deed (PTD) in favor of the respondent. The Court held that the cancellation of the PTD alone was insufficient to terminate the tenant's status, as the dispute regarding the PTD was still pending before the relevant forum. The Court found no illegality in the decisions of the lower courts and upheld their findings, thereby refusing the petitioner's claims. |
| Summary |
The case revolves around a dispute under the Sindh Rented Premises Ordinance, 1979, concerning the relationship between landlord and tenant after the cancellation of a Permanent Transfer Deed (PTD). The Supreme Court of Pakistan examined the legitimacy of the tenant's status despite the PTD's cancellation and the ongoing litigation with the Evacuee Trust Property Board. The Court emphasized the continuity of the landlord-tenant relationship established prior to the cancellation, ultimately dismissing the petitioner's appeal and affirming the lower court's rulings. This case underscores the legal complexities surrounding tenancy laws in Pakistan, particularly in cases involving trust properties and the implications of legal disputes on established tenant rights. Keywords: Sindh Rented Premises Ordinance, landlord-tenant relationship, Permanent Transfer Deed, Evacuee Trust Property Board, tenancy laws in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Gulzar Ahmed,
Maqbool Baqar,
Munib Akhtar,
Liaqat Ali
|
| Lawyers |
Abdul Qadir Khan, Advocate Supreme Court,
Ghulam Qadir Jatoi, Advocate-on-Record
|
| Petitioners |
Fayasuddin
|
| Respondents |
Abdul Qadir Khan,
Ghulam Qadir Jatoi
|
| Citations |
2020 SLD 2113,
2020 SCMR 1816
|
| Other Citations |
Not available
|
| Laws Involved |
Sindh Rented Premises Ordinance, 1979
|
| Sections |
3,
15
|