| Case ID |
42f2336e-bca7-4af8-a660-57e11d7957a0 |
| Body |
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| Case Number |
Civil Appeal No. 1232 of 1995 |
| Decision Date |
Jul 03, 1998 |
| Hearing Date |
Jun 19, 1998 |
| Decision |
The Supreme Court dismissed the appeal, affirming the High Court's findings which concluded that the tenant's entry into a partnership did not constitute subletting. The Court held that mere partnership did not equate to surrendering tenancy rights and that the tenant had made an unconditional admission of liability to pay rent. The Court emphasized that conditions for eviction under the West Pakistan Urban Rent Restriction Ordinance were not met, particularly regarding prior defaults and the nature of the partnership. Ultimately, the decision underscored the importance of distinguishing between legal possession and mere usage rights in tenancy disputes. |
| Summary |
In the case of Civil Appeal No. 1232 of 1995, the Supreme Court of Pakistan addressed significant issues regarding tenancy rights under the West Pakistan Urban Rent Restriction Ordinance (1959). The case revolved around the eviction application filed by landlord Habibullah against the legal representatives of deceased tenant Muhammad Amin. The landlord argued that the tenant's partnership with Iqbal Din constituted subletting, which would warrant eviction. However, the Supreme Court upheld the High Court's ruling that the partnership did not amount to subletting as it did not involve a surrender of tenancy rights. The Court highlighted the necessity of an unconditional admission of rent liability by the tenant to avoid eviction. This case is particularly relevant for understanding tenant rights, the implications of partnerships in business on tenancy agreements, and the legal standards required for eviction under the Urban Rent Restriction Ordinance. The decision is crucial for landlords and tenants alike, as it clarifies the legal interpretations of subletting and partnership arrangements in the context of rental properties. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Muhammad Amin,
RENT CONTROLLER, PESHAWAR,
High Court, Peshawar,
Iqbal Din
|
| Judges |
Saidozzaman Siddiqui,
Raja Afrasiab Khan,
Wajihuddin Ahmed
|
| Lawyers |
M. Sardar Khan, Senior Advocate Supreme Court
|
| Petitioners |
Habibullah
|
| Respondents |
Muhammad Amin,
RENT CONTROLLER, PESHAWAR,
Iqbal Din,
Muhammad Muallam
|
| Citations |
1998 SLD 964,
1998 SCMR 2656
|
| Other Citations |
Habibullah v. Fazl-ur-Rehman 1989 CLC 1567,
Hazrat Umar v. Zafar Majeed PLD 1991 SC 138,
Motal Bai v. Abdul Aziz PLD 1968 Kar. 635,
Khuda Bux v. Badrul Hasan PLD 1968 Kar. 657,
Attaur Rahman v. Adam Ali 1981 CLC 1747,
Malik Muhammad Ishaq v. Messrs Erose Theatre PLD 1973 K:.r 522,
Najmuddin v. Zamir Ahmad PLD 1982 Kar. 188,
Tansukhdas Chhaganlal v. Shambai and another AIR 1954 Nag. 160,
Mobed v. Shah Behram PLD 1974 SC 351,
Nasir Mahmood v. Mustajabi Begum 1983 CLC 2872,
G.B. Ltd. v. Alliance Commercial Corporation 1984 CLC 2336,
Mehro Mal v. Habibur Rahman Khan PLD 1988 Kar. 240
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance (VI of 1959),
Constitution of Pakistan (1973)
|
| Sections |
13(2)(ii)(a),
13(2)(vi),
Art. 185(3)
|