Legal Case Summary

Case Details
Case ID 437ae9c1-3804-434f-9535-3209f1c82390
Body View case body.
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)