| Case ID |
2dd48421-888f-411b-b78c-a06895b75675 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 471 |
| Decision Date |
May 06, 1981 |
| Hearing Date |
|
| Decision |
The petition was dismissed as the petitioners failed to demonstrate that they had not defaulted in the payment of rent for the specified months. The court found that the delay in payment was excessive, and the Rent Controller had acted within his discretion in striking off the defense of the petitioners. The court held that the petitioners were given ample opportunity to rectify their payment issues, and their claims of insufficient time were not substantiated. As such, the decision of the High Court was upheld, and the petition was dismissed for lack of merit. |
| Summary |
This case revolves around the application of the West Pakistan Urban Rest Restriction Ordinance, specifically regarding default in rent payments. The Supreme Court of Pakistan evaluated the circumstances under which the petitioners, who were tenants, failed to comply with the Rent Controller's directives to deposit arrears. It was determined that the petitioners had an adequate timeframe to make the payments and that the Rent Controller's decision to strike off their defense was justified. The ruling emphasizes the importance of adhering to rent payment schedules and the discretion vested in Rent Controllers to enforce compliance. This case highlights issues around tenant rights, landlord-tenant disputes, and the legal frameworks governing rental agreements in Pakistan, which remain relevant in ongoing discussions about housing laws and tenant protections. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Aslam Riaz Hussain,
Nasim Hasan Shah
|
| Lawyers |
Wasim Sajjid,
Rana Maqbool Ahmad Qadri,
Walayat Umar
|
| Petitioners |
Others,
Zafar Qureshi
|
| Respondents |
Etc.,
Khawaja Maqsoodul Hassan
|
| Citations |
1982 SLD 303,
1982 SCMR 392
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Urban Rest Restriction Ordinance
|
| Sections |
13(6)
|