| Case ID |
437ae9c1-3804-434f-9535-3209f1c82390 |
| Body |
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| Case Number |
Civil Appeals Nos. K-P and K-20 of 1968 |
| Decision Date |
Jun 19, 1969 |
| Hearing Date |
|
| Decision |
The Supreme Court ruled that orders made under section 13(6) of the West Pakistan Urban Rent Restriction Ordinance are effective only until the final determination of the case before the Rent Controller. The Court emphasized that the Rent Controller's orders are of an interim nature and do not extend beyond the conclusion of the proceedings. The Court overruled prior decisions that suggested otherwise, clarifying that the tenant's compliance with orders regarding rent deposits must be maintained through the original proceedings only, and cannot be enforced during appellate proceedings. Therefore, the appeals were allowed, and the earlier judgments were set aside, remanding the cases back to the Appellate Authority for proper disposal on merit. |
| Summary |
In the landmark case of Ahmad Kunhi vs. Abdul Ghafoor, the Supreme Court of Pakistan addressed important questions surrounding tenant rights under the West Pakistan Urban Rent Restriction Ordinance (1959). The case arose from appeals related to the payment of rent and eviction proceedings initiated by landlords against tenants. The Court scrutinized the legal framework of section 13, particularly focusing on the implications of interim orders issued by the Rent Controller. The judgment clarified that such orders, while designed to ensure compliance with rent payments, are inherently temporary and cease to hold weight after the completion of the proceedings before the Controller. This ruling has significant implications for similar future cases, ensuring that tenants are not unfairly prejudiced by orders that are not maintained through the entirety of appellate processes. The decision underlines the necessity for adherence to procedural justice in landlord-tenant disputes, reinforcing the rights of tenants while highlighting the responsibilities of landlords to ensure lawful compliance with rental agreements. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Rent Controller,
High Court of West Pakistan, Karachi Bench
|
| Judges |
HAMOODUR RAHMAN, C.J.,
ABDUS SATTAR, J.,
ABDUL GHAFOOR
|
| Lawyers |
S.Y. Khawaja, Advocate Supreme Court,
M. A. Aziz,
M. Dastagir,
M. Khalilullah, Advocate Supreme Court,
Syed Anwar Ali
|
| Petitioners |
AHMAD KUNHI
|
| Respondents |
|
| Citations |
1969 SLD 236,
1969 PLD 424
|
| Other Citations |
B. Lobo v. Sh. Muhammad Zakir P L D 1967 Lah. 194
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance (VI of 1959),
Constitution of Pakistan (1962)
|
| Sections |
13(6),
13(8),
Art. 58(3)
|