| Case ID |
44d9ffc4-f71f-4b9a-a244-649371de5bda |
| Body |
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| Case Number |
Civil Appeal No.260-K of 1986 |
| Decision Date |
Oct 29, 1990 |
| Hearing Date |
|
| Decision |
The appeal was allowed, and the High Court's judgment was set aside. The Court held that the order of ejectment passed by the Rent Controller was not sustainable since the subletting was done prior to the enforcement of the relevant ordinance, and the landlord had not taken action for a considerable period, constituting waiver. The decision emphasized that the requirement for prior written permission for subletting cannot be applied retrospectively, and the tenant's actions were legal at the time of subletting. The inaction of the landlord for over 13 years indicated a waiver of rights, and thus the High Court's reversal of the First Appellate Court's decision was unjust. |
| Summary |
This case revolves around the interpretation of the West Pakistan Urban Rent Restriction Ordinance (VI of 1959) concerning subletting and eviction proceedings. The Supreme Court of Pakistan examined whether the High Court could uphold an eviction order that contradicted the landlady's eviction application. The core issue was whether the tenant's prior subletting without the landlord's written permission, which occurred before the ordinance's enforcement, could be grounds for eviction. The Court concluded that the tenant's actions were legal at the time, and the landlord's prolonged inaction constituted waiver of rights. This case highlights the complexities of landlord-tenant relations under the Rent Restriction Ordinance and sets a precedent regarding the retrospective application of laws governing subletting. Keywords: landlord-tenant law, eviction, subletting, waiver of rights, Rent Restriction Ordinance. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ZAFFAR HUSSAIN MIRZA,
AJMAL MIAN
|
| Lawyers |
Fakhr-ud-Din G. Ebrahim,
M. Shabbir Ghaury,
Ali Ahmed Fazeel,
AA.Khan
|
| Petitioners |
Mrs. FRENI A. CAVINA
|
| Respondents |
Mrs. DHUNMAI PHIROZE DALAL
|
| Citations |
1991 SLD 477,
1991 PLD 265
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance (VI of 1959),
Constitution of Pakistan (1973)
|
| Sections |
13,
13(2)(ii),
13(2)(b)(i),
Art.185(3)
|