| Case ID |
2bd5ae6f-737a-4747-8ad8-d44ebf6a8f83 |
| Body |
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| Case Number |
Civil Appeal No. 18-D of 1961 |
| Decision Date |
Mar 01, 1962 |
| Hearing Date |
|
| Decision |
The Supreme Court ruled in favor of the respondent, Sh. Muhammad Shafi, determining that the appellant, Abdur Razzak Howladar, had failed to pay rent due for the leased property. The court found that the agreement between the parties regarding the advance payment and the nature of the loan was binding. The court emphasized that the appellant could not claim the advance payment of Rs. 12,000 as a charge against future rents without proper registration of the agreement. The ruling underscored the necessity of adhering to legal formalities in property transactions, particularly concerning the registration of agreements that create rights in immovable property. Consequently, the earlier decree of the High Court was upheld, and the appellant was ordered to pay the outstanding rent. |
| Summary |
This case revolves around a lease agreement dispute between Abdur Razzak Howladar and Sh. Muhammad Shafi regarding unpaid rent for a property. The Supreme Court of Pakistan examined the legal implications of the advance payment made by the appellant and whether it constituted a loan or rent. The court found that the appellant's claim of the Rs. 12,000 being a loan was unfounded, as it was intended as an advance payment of rent. The Supreme Court emphasized the importance of registration under the Registration Act and the Transfer of Property Act, which mandates that any instrument creating a charge on immovable property must be registered. The ruling highlighted the legal principle that a party to a fraud cannot plead their own fraud, reinforcing the need for clear legal documentation in property transactions. This decision sets a precedent for future cases involving lease agreements and the necessity of adhering to statutory requirements regarding registration. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
S. A. RAHMAN,
FAZLE-AKBAR,
B. Z. KAIKAUS,
HAMOODUR RAHMAN
|
| Lawyers |
Hamidul Huq Chowdhury Senior Advocate Supreme Court,
Moinul Huq Advocate Supreme Court,
U. K. Roy Senior Advocate Supreme Court,
Mazhar Hossain Advocate Supreme Court,
S. M. Abbass Attorney for Respondent
|
| Petitioners |
ABDUR RAZZAK HOWLADAR
|
| Respondents |
Sh. MUHAMMAD SHAFI
|
| Citations |
1962 SLD 468 = 1962 PLD 134
|
| Other Citations |
M. E. Moolla Son Ltd. (in Liquidation) v. Official Assignee of the High Court of Judicature at Rangoon and others 63 I A 340
|
| Laws Involved |
Registration Act (XVI of 1908),
Transfer of Property Act (IV of 1882)
|
| Sections |
2 (6),
17 (1) (b),
53-A,
49
|