| Case ID |
37c911ba-e106-4369-85cc-d565527c1733 |
| Body |
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| Case Number |
Civil Appeal No.78/K of 1986 |
| Decision Date |
May 21, 1990 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan held that the order passed by the Rent Controller was void due to the failure to establish the relationship of landlord and tenant before issuing a tentative rent order. The court emphasized that the determination of such a relationship is a jurisdictional question that must be resolved before any further proceedings can occur. The case was remanded to the Rent Controller to decide the preliminary issue regarding the landlord-tenant relationship, which is essential for the jurisdiction to proceed with eviction matters. The court's decision underscores the importance of adhering to legal requirements in landlord-tenant disputes, particularly in relation to the authority of the Rent Controller under the Cantonments Rent Restriction Act. |
| Summary |
This case revolves around the interpretation of the Cantonments Rent Restriction Act (XI of 1963) and the procedural requirements for establishing a landlord-tenant relationship. The Supreme Court of Pakistan addressed the legal principles that govern the actions of Rent Controllers in eviction proceedings, particularly the necessity of determining the existence of a landlord-tenant relationship before issuing any tentative rent orders. The case highlights the judicial scrutiny required in rental disputes and reinforces the legal standards needed to ensure fair proceedings. With increasing disputes in property law, this case serves as a critical reference point for understanding the jurisdiction of Rent Controllers and the implications of failing to comply with statutory requirements. The ruling emphasizes the need for legal practitioners and landlords to ensure proper documentation and procedural adherence, particularly in cases involving government entities. Key terms: landlord-tenant relationship, eviction, Rent Controller jurisdiction, Cantonments Rent Restriction Act, property law disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ZAFFAR HUSSAIN MIRZA,
ABDUL HAFEEZ MEMON
|
| Lawyers |
A.M. QURESHI
|
| Petitioners |
GOVERNMENT OF SINDH
|
| Respondents |
Not available
|
| Citations |
1991 SLD 1095 = 1991 SCMR 1103
|
| Other Citations |
P L D 1963 Lah. 390,
Syed Zulfiqar Ali Gillani v. Chairman, Local Councils, Election Authority 1989 S C M R 1197
|
| Laws Involved |
Cantonments Rent Restriction Act (XI of 1963),
Constitution of Pakistan (1973),
Privately-Managed Schools and Colleges (Taking over) Regulation (1972)
|
| Sections |
17,
17(8),
185(3)
|