| Case ID |
3226ef46-8666-41d1-a1e6-0959ee8ee740 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 214-K of 19 |
| Decision Date |
Sep 21, 1988 |
| Hearing Date |
Sep 21, 1988 |
| Decision |
The Supreme Court granted leave to appeal in a case where the petitioner, claiming to be a tenant, was not treated as such in prior proceedings. The High Court had dismissed his appeal as time-barred, allowing him six months to vacate the premises. The Court recognized that the petitioner had not been impleaded as a tenant, which prevented him from raising objections under the relevant laws. The Court noted the necessity to consider the implications of a previous decision, which could assist the petitioner in addressing the limitation issue. The leave to appeal was granted, with the status quo regarding possession maintained. Security was set at Rs.2,51N). |
| Summary |
This case revolves around the complexities of tenant rights under the Sind Rented Premises Ordinance and the Constitution of Pakistan. The petitioner, ABDUL KHALIQ, claimed to be a tenant but was not recognized as such in the initial ejectment proceedings. The Supreme Court of Pakistan addressed the procedural shortcomings that led to his appeal being dismissed as time-barred, emphasizing the importance of proper tenant identification and rights to contest ejectment orders. This case highlights the intersection of constitutional law and tenant rights, particularly concerning the limitations imposed on appeals and the necessity for clarity in legal proceedings involving property and tenancy. The decision underscores the need for courts to ensure that individuals are afforded the opportunity to contest claims against them effectively, particularly in matters of tenancy, which can significantly impact living conditions and security of tenure. The Court's ruling is significant for tenants' rights, and it provides a precedent for future cases involving similar issues of improper legal representation and tenant recognition under the law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL KADIR SHAIKH,
SHAFIUR RAHMAN
|
| Lawyers |
Ahmadullah Faruqi, Advocate-on-Record
|
| Petitioners |
ABDUL KHALIQ
|
| Respondents |
others,
NASIR JAWAID
|
| Citations |
1989 SLD 571,
1989 SCMR 480,
1989 SLD 1127
|
| Other Citations |
Fazal Karim v. Ghulam Jilani and others 1975 SCMR 452
|
| Laws Involved |
Constitution of Pakistan, 1973,
Sind Rented Premises Ordinance (XVII of 1979)
|
| Sections |
185(3),
22
|