| Case ID |
30be4e3f-3426-4947-8771-13f5254e6037 |
| Body |
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| Case Number |
Writ Petition No.3365 of 2009 |
| Decision Date |
Mar 25, 2010 |
| Hearing Date |
Mar 25, 2010 |
| Decision |
The Peshawar High Court dismissed the writ petition of Aqeel Ahmed Abbasi challenging the ejectment orders against him. The court upheld the decisions of the Rent Controller and Additional District Judge, confirming that the relationship of landlord and tenant existed between the respondent landlady, Mst. Surayya Durrani, and the petitioner. The court also found no merit in the argument that the prior agreement to sell the property terminated the landlord-tenant relationship. The court emphasized that the tenant must first deliver possession of the premises before contesting proprietary rights. Thus, the decision to eject the tenant was valid and legally sound. |
| Summary |
In the case of Writ Petition No.3365 of 2009 decided by the Peshawar High Court, the court addressed the ejectment of Aqeel Ahmed Abbasi from property owned by Mst. Surayya Durrani. The case revolved around issues of rent payment defaults and the nature of the landlord-tenant relationship, particularly in light of a prior agreement to sell the property. The court concluded that the existence of an agreement to sell did not negate the landlord-tenant relationship unless explicitly stated. The ruling reinforced the principle that tenants must comply with ejectment orders unless they have first relinquished possession, thereby ensuring the protection of landlords' rights under the West Pakistan Urban Rent Restriction Ordinance. Key legal references included sections from the Urban Rent Restriction Ordinance and the Constitution of Pakistan. This case highlights the importance of understanding property rights and tenancy laws within Pakistan's legal framework, making it a significant reference for similar disputes. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL AZIZ KUNDI,
SARDAR SHUKAT HAYAT
|
| Lawyers |
Allauddin Khan Qureshi,
Abd-uz-Zakir Tareen
|
| Petitioners |
Aqeel Ahmed Abbasi
|
| Respondents |
Mst. Surayya Durrani through L.Rs.
|
| Citations |
2011 SLD 615,
2011 CLC 625
|
| Other Citations |
1983 SCMR 1064,
1991 CLC 72,
2000 SCMR 577,
2006 CLC 1860,
2002 CLC 143,
2006 SCMR 1068,
2005 CLC 1758
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance,
Constitution of Pakistan, 1973
|
| Sections |
13A,
199
|