| Case ID |
32375de7-5dff-4aa6-ba4f-a8418697cb38 |
| Body |
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| Case Number |
Civil Petitions Nos.202-K to 209-K of 2000 |
| Decision Date |
Aug 18, 2000 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petitions for leave to appeal filed by the petitioners against the common judgment of the Sindh High Court. The court upheld the findings of the lower courts regarding the landlord-tenant relationship, default in rent payment, and the validity of the registered sale-deed presented by the respondents. The petitioners were found to have sublet the premises without consent, which led to the eviction order being upheld. The court noted that the respondents had established their ownership through valid documentation, and the petitioners failed to prove their claims against the eviction order. The petitioners were granted twelve months to vacate the premises, subject to payment of rent and lawful charges. |
| Summary |
In this case, the Supreme Court of Pakistan addressed issues concerning the landlord-tenant relationship under the Sindh Rented Premises Ordinance. The petitioners contested their eviction on grounds of alleged improper ownership claims made by the respondents. However, the court found that the respondents had validly purchased the property and served proper notices regarding rent. The key legal principles established include the precedence of registered sale-deeds over unregistered agreements, and the enforcement of rent obligations despite tenant disputes. The court highlighted that the petitioners admitted to subletting the property without consent, further justifying the eviction. The ruling emphasizes the importance of adhering to legal protocols in landlord-tenant relationships and the implications of defaulting on rent payments. Overall, this case serves as a precedent for future disputes involving rental agreements, ownership claims, and eviction procedures. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Ruby Centre
|
| Judges |
DEEDAR HUSSAIN SHAH,
HAMID ALI MIRZA
|
| Lawyers |
Muhammad Sharif, Advocate Supreme Court for Petitioners,
K.A. Wahab, Advocate-on-Record for Respondents
|
| Petitioners |
|
| Respondents |
ABDUL RAUF,
GHULAM HUSSAIN,
MUHAMMAD FAROOQ,
MUHAMMAD IQBAL,
ABDUL RAZZAK
|
| Citations |
2001 SLD 1324,
2001 SCMR 359
|
| Other Citations |
Najmuddin v. Zamir Ahmad PLD 1982 Kar. 188,
Rehmatullah v. Ali Muhammad 1983 SCMR 1064,
Mst. Hajra Bai v. Allah Din 1993 CLC 1693,
Hussain Khan and Sons v. Ibrahimji Sulemanjee Mithaiwala 1995 CLC 446,
Jan Muhammad v. A. Razzaq -1999 SCMR 2924,
Muhammad Saeed v. Akhtar Ahmed -1999 MLD 1945,
Hayatullah v. Abdul Rasheed 2000 SCMR 845,
Tahir Hussain Malik v. Najma Rafi 1995 SCMR 1407,
Pervaiz Akhtar v. Dr. Muhammad Ahsan PLD 1988 SC 734,
Muhammad Ishaque v. Khursheed Alam PLD 1988 SC 353
|
| Laws Involved |
Sindh Rented Premises Ordinance (XVII of 1979),
Constitution of Pakistan (1973)
|
| Sections |
15,
185(3)
|