| Case ID |
398787b4-2b45-4c11-8cfd-4c6881124868 |
| Body |
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| Case Number |
Civil Appeal No. K-119 of 1981 |
| Decision Date |
Mar 08, 1984 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeal of the appellants, Mst. Rukiya Bai and others, setting aside the ex parte order passed by the High Court in favor of the respondents, Mst. Aqila Begum and others. The case was remanded to the High Court for reconsideration, ensuring that the appellants had the opportunity to present their case. The court acknowledged that the abrupt transfer of the case between judges without notifying the appellants or their counsel resulted in an inability to represent their viewpoint, which warranted a re-hearing. The High Court was requested to prioritize the decision on the Second Appeal. |
| Summary |
In the landmark case between Mst. Rukiya Bai and Mst. Aqila Begum, the Supreme Court of Pakistan addressed significant issues regarding tenant eviction under the West Pakistan Urban Rent Restriction Ordinance. The case revolved around the ejectment of tenants who, according to the landlords, sublet premises without consent. The Supreme Court emphasized the importance of due process, particularly when the appellants were not informed of key proceedings due to administrative transfers between judges. The court's decision to remand the case for a fresh hearing underscores the need for transparency and fairness in judicial processes. This case highlights the intersection of landlord-tenant law with constitutional rights, ensuring that all parties have a fair opportunity to present their arguments. By allowing the appellants to be heard, the Supreme Court reinforced the principles of justice and equity in the legal system. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
S. A. NUSRAT,
ZAFFAR HUSSAIN MIRZA
|
| Lawyers |
A.F.M. Muokarim,
Salima Nasiruddin
|
| Petitioners |
others,
Mst. Rukiya Bai
|
| Respondents |
others,
Mst. Aqila Begum
|
| Citations |
1985 SLD 653,
1985 SCMR 977
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
West Pakistan Urban Rent Restriction Ordinance (VI of 1959)
|
| Sections |
Art. 185(3),
S.15(4)
|