| Case ID |
2bf986a4-c819-4380-b597-e3eaf7ffa422 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. K-3 |
| Decision Date |
Sep 08, 1987 |
| Hearing Date |
Sep 08, 1987 |
| Decision |
Leave to appeal has been granted to examine whether the discretion should have been exercised against the tenant, as he was not a habitual defaulter and had made efforts to avoid default. The court considered the evidence presented, including a registered acknowledgment letter sent to the respondent. The decision also indicates that the petitioner had been persistent in making efforts to pay the rent and that this evidence, if duly considered, might have led to a different outcome. The case highlights the importance of examining the context of tenant default claims and the necessity for landlords to maintain accurate records of rent payments. |
| Summary |
This case, decided by the Supreme Court of Pakistan, revolves around a civil petition for special leave to appeal regarding a tenant's eviction on grounds of default in rent payment. The Supreme Court's decision emphasizes the importance of evaluating the tenant's history regarding rent payments and the landlord's responsibilities in issuing receipts. The ruling allowed the tenant to appeal the eviction order, stressing that his efforts to avoid default were significant. This case underscores key issues in landlord-tenant relationships under the Sindh Rented Premises Ordinance and the constitutional protections available to tenants, providing critical insights into the legal obligations of both parties involved. Keywords include 'tenant rights', 'eviction process', 'landlord responsibilities', and 'rental agreements'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIM HASAN SHAH, JJ,
MUHAMMAD AFZAL ZULLAH, J.
|
| Lawyers |
S.M. Gharib Nawaz Daccawala, Advocate Supreme Court Advocate-on-Record for Petitioner
|
| Petitioners |
Sh. HANEFFUR-RAHMAN
|
| Respondents |
MUHAMMAD JALALUDDIN
|
| Citations |
1988 SLD 2922,
1988 SCMR 47
|
| Other Citations |
Not available
|
| Laws Involved |
Sindh Rented Premises Ordinance, 1979,
Constitution of Pakistan, 1973
|
| Sections |
15(2)(ii),
21,
185(3)
|