| Case ID |
4307fd41-d074-4520-8f2f-8cbaa3a04baf |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.525 of 1989 |
| Decision Date |
Oct 17, 1989 |
| Hearing Date |
|
| Decision |
The petition for leave to appeal was denied by the Supreme Court of Pakistan. The court upheld the findings of the lower courts regarding the landlord-tenant relationship, confirming that the landlord's failure to overtly assert his rights does not negate his status under the law. The court found that the earlier rulings had already settled the matter of the landlord and tenant relationship, and thus, the question could not be revisited. The concurrent findings of fact from the Rent Controller and the appeal court were deemed valid, leading to the refusal of leave to appeal. |
| Summary |
In the case of Deen Muhammad vs. District Judge, Kohat, the Supreme Court of Pakistan addressed the complexities of landlord-tenant relationships under the West Pakistan Urban Rent Restriction Ordinance. The petitioner, a long-standing tenant, contested the eviction order on the grounds that the landlord had not asserted his rights for over a decade. The Supreme Court clarified that a landlord's non-assertion does not negate their legal status as a landlord, as defined by the Ordinance. The decision emphasized the importance of prior court rulings in determining the relationship, affirming the eviction order as lawful. This case highlights key legal principles surrounding tenant rights and landlord responsibilities, crucial for understanding rental agreements and property law in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
ABDUL KADIR SHAIKH,
S. USMAN ALI SHAH
|
| Lawyers |
Samad Mahmood, Advocate Supreme Court,
Manzoor Illahi, Advocate-on-Record
|
| Petitioners |
DEEN MUHAMMAD
|
| Respondents |
2 others,
DISTRICT JUDGE, KOHAT
|
| Citations |
1990 SLD 823,
1990 SCMR 871
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance (VI of 1959),
Constitution of Pakistan (1973)
|
| Sections |
2(c),
13,
Art.185(3)
|