| Case ID |
41da8219-a3b0-43e0-bb54-d58fb553e585 |
| Body |
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| Case Number |
Civil Appeal No.180 of 1991 |
| Decision Date |
Feb 11, 1992 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan accepted the appeal of Ghulam Samdani and set aside the order of the Lahore High Court. The Court reinstated the decision of the Rent Controller, which had ordered Abdul Hameed to vacate the suit property. The Court held that the relationship of landlord and tenant was established between the parties and that the respondent, Abdul Hameed, was liable for eviction due to conceded default in rent payment. The Supreme Court emphasized that the tenant's claim of depositing rent in court was insufficient to negate his liability, especially given the established ownership of the landlord. The Court granted Abdul Hameed two months to surrender possession, failing which he would be evicted through due process of law. |
| Summary |
This case involves a dispute between landlord Ghulam Samdani and tenant Abdul Hameed under the Cantonments Rent Restriction Act. The Supreme Court of Pakistan addressed the relationship of landlord and tenant, emphasizing that the tenant's admission of default in rent payment warranted immediate eviction. The Court clarified that the tenant's claim of having deposited rent in court was inadequate to counter the established landlord-tenant relationship. The decision underscores the importance of recognizing the legal rights of property owners while also addressing tenant obligations. This case is significant in the context of rental laws in Pakistan and can serve as a reference for similar disputes regarding landlord rights and tenant responsibilities. The ruling provides clarity on statutory interpretations of the Cantonments Rent Restriction Act, particularly Section 17, which deals with default in rent payment. Keywords: landlord-tenant relationship, eviction, rent payment default, Cantonments Rent Restriction Act, legal rights, Pakistan rental laws. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH, C.J.,
WALI MUHAMMAD KHAN, J.
|
| Lawyers |
Ch. Mushtaq Ahmad Khan,
Ch. M. Aslam Chatha
|
| Petitioners |
Ghulam Samdani
|
| Respondents |
Abdul Hameed
|
| Citations |
1992 SLD 643,
1992 SCMR 1170
|
| Other Citations |
Not available
|
| Laws Involved |
Cantonments Rent Restriction Act
|
| Sections |
17
|