| Case ID |
3aedc986-8e23-4452-b3ec-67e7aa0182e5 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Special Leave to Appeal No. 485 |
| Decision Date |
Jul 03, 1973 |
| Hearing Date |
|
| Decision |
The petitioners, being successors-in-interest of Ghulam Hussain, failed to pay the demanded rent after receiving notice under Section 30 of the Displaced Persons (Compensation and Rehabilitation) Act. The court found that the petitioners did not fulfill their obligation to pay rent within the prescribed period, thereby forfeiting their statutory protection. The subsequent offer to pay a lower rent did not rectify their initial default. As a result, the petition was dismissed, confirming the orders of ejectment against the petitioners. |
| Summary |
In this case, the Supreme Court of Pakistan addressed the issue of statutory tenant rights under the Displaced Persons (Compensation and Rehabilitation) Act. The court ruled that the petitioners, who had failed to pay rent after receiving notice, forfeited their rights to protection under the law. The case highlights the importance of timely rent payments and adherence to statutory obligations for tenants. Legal representatives emphasized that the demand for a higher rent was unreasonable, yet the court maintained that the failure to pay any rent resulted in the loss of tenant protections. This decision underscores the critical aspects of tenant rights and obligations in Pakistan's legal framework, particularly concerning the Displaced Persons Act and urban rent restrictions. The ruling serves as a precedent for similar cases involving tenant eviction and rent disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
MUHAMMAD GUL, J.
|
| Lawyers |
Waheed-ud-Din Vlrk,
Maqbool Ahmad,
Abid Nawaz Abid
|
| Petitioners |
2 others,
SAIJAD HUSSAIN
|
| Respondents |
ALEEM ULLAH
|
| Citations |
1974 SLD 153,
1974 SCMR 221
|
| Other Citations |
Not available
|
| Laws Involved |
Displaced Persons (Compensation and Rehabilitation) Act,
West Pakistan Urban Rent Restriction Ordinance
|
| Sections |
30,
13
|