| Case ID |
42e6bc03-e159-4ce1-b86f-be00fc26dfdb |
| Body |
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| Case Number |
Civil Petition No.889-L of 2007 |
| Decision Date |
Apr 15, 2009 |
| Hearing Date |
Apr 15, 2009 |
| Decision |
The Supreme Court dismissed the petition for leave to appeal, affirming the decision of the Lahore High Court. The Court found that the petitioner could not establish that the respondent was in default of rent payments. The petitioner failed to provide documentary evidence proving the terms of tenancy, and the late deposits of rent did not constitute a willful default. Furthermore, the Court upheld the lower courts' decisions that the house in question was used for residential purposes and could not be converted for commercial use without the proper application under the relevant ordinance. |
| Summary |
In the case of Civil Petition No.889-L of 2007, the Supreme Court of Pakistan addressed issues surrounding tenancy under the West Pakistan Urban Rent Restriction Ordinance. The petitioner, Muhammad Arshad Khokhar, claimed that the respondent, Mrs. Zohra Khanum, defaulted on rent payments for a residential property. However, the Court found that there was no written lease agreement and that the tenancy was oral. The Court cited that without a specific due date for rent payment, it is considered due at the end of the month and defaults can only be recognized after 60 days. The Court also noted that the late payment of rent for a few days did not constitute a willful default. The petitioner's claim for personal need was rejected as he did not file for the necessary permissions to convert the property for business use. The decision reiterated the importance of documentary evidence in tenancy disputes and highlighted the protective measures for tenants under the ordinance. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MIAN HAMID FAROOQ,
SYED ZAWWAR HUSSAIN,
JAFFERY
|
| Lawyers |
S.M. Masood Advocate Supreme Court
|
| Petitioners |
MUHAMMAD ARSHAD KHOKHAR
|
| Respondents |
others,
Mrs. ZOHRA KHANUM
|
| Citations |
2010 SLD 2775,
2010 SCMR 1071
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance
|
| Sections |
13(2)(i),
13(6),
11,
13(2)(iv)
|