| Case ID |
42e35c4d-0b1b-462f-897e-a182c253b726 |
| Body |
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| Case Number |
Civil Petition No. 192-K of 1997 |
| Decision Date |
Feb 09, 1998 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the decision of the High Court of Sindh, which had remanded the case to the Rent Controller to first determine the relationship of landlord and tenant between the parties. The tenant, having failed to comply with the tentative rent order and not appearing before the Rent Controller despite several opportunities, had their defense struck off, resulting in an order for their ejectment due to default in payment of rent. The High Court's order was found to be justifiable, and the Supreme Court dismissed the petition for leave to appeal, emphasizing the tenant's failure to present a defense. |
| Summary |
This case revolves around the interpretation of the relationship between landlords and tenants under the Cantonments Rent Restriction Act, 1963, specifically focusing on the default in rent payment by the tenant. The Supreme Court of Pakistan addressed the procedural issues arising from the remand of the case to the Rent Controller, emphasizing the necessity of determining the landlord-tenant relationship before moving forward with rent disputes. The ruling reiterates the importance of compliance with rent orders issued by the Rent Controller and the implications of failing to defend one's case adequately. The decision highlights the legal precedents set by earlier cases and the necessity for parties to appear and present their evidence to avoid adverse judgments. This case serves as a critical reference for future landlord-tenant disputes, especially in matters concerning rent defaults and the rights of landlords seeking ejectment of tenants. Keywords such as 'landlord-tenant relationship', 'rent default', 'Cantonments Rent Restriction Act', and 'Supreme Court of Pakistan' are crucial for understanding the legal landscape surrounding such disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Ajmal Mian, C.J.,
Mamoon Kazi, J.
|
| Lawyers |
Abdul Muneeb Khan, Additional Advocate General,
Akhlaq Ahmed Siddiqui, Advocate-on-Record
|
| Petitioners |
GOVERNMENT OF SINDH through Advocate General, Sindh, Karachi
|
| Respondents |
A.M. QURESHI through Legal Heirs and others
|
| Citations |
2001 SLD 1634,
2001 SCMR 2012
|
| Other Citations |
Syed Zulfiqar Ali Gillani v. Chairman, Local Council, Election Authority 1989 SCMR 1197
|
| Laws Involved |
Cantonments Rent Restriction Act (XI of 1963),
Constitution of Pakistan (1973)
|
| Sections |
17(2)(i),
17(8),
17(9),
2(g)(j),
Art. 185(3)
|