| Case ID |
4369af57-0a3d-4b46-9499-6a8976999c15 |
| Body |
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| Case Number |
Civil Revision No. 589 of 1994 |
| Decision Date |
Nov 10, 1994 |
| Hearing Date |
Nov 10, 1994 |
| Decision |
The Lahore High Court dismissed the civil revision filed by the petitioner, affirming the decisions of the lower courts regarding the ejectment of the tenant for non-payment of rent. The Court held that the tenant had failed to prove that he had attorned to a third party and that the landlord had not authorized such a payment. The petitioner was ordered to vacate the premises and pay the outstanding rent of Rs. 6,000 per month, along with mesne profits, until the date of actual vacation. The case emphasized the importance of written agreements and proper attornment in landlord-tenant relationships. |
| Summary |
This case revolves around a civil suit for ejectment initiated by Dr. Khurshid Anwar Mian against Hassan Amin, the tenant, for non-payment of rent. The petitioner contended that he was paying rent to a third party, Muhammad Sharif, who had a sale agreement with the landlord. The Lahore High Court examined the evidence, including the lack of written authorization from the landlord for the tenant to pay rent to anyone other than himself. The Court reaffirmed the tenant's obligation to the landlord and ruled that the unilateral change in payment direction was not justified. The case underscores crucial landlord-tenant law principles, particularly the necessity of formal agreements to alter tenancy arrangements. The judgment serves as a vital reference for similar disputes involving rental agreements, tenant rights, and landlord obligations, making it a significant ruling in the realm of civil procedure and property law. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
GIRL ZARIN KIANI
|
| Lawyers |
Abdul Basir Qureshi,
Mian Iqbal Hussain Kalanauri
|
| Petitioners |
HASSAN AMIN
|
| Respondents |
Dr. KHURSHID ANWAR MIAN
|
| Citations |
1995 SLD 941,
1995 CLC 287
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Landlord and Tenant Law
|
| Sections |
115
|