Legal Case Summary

Case Details
Case ID 44d9ffc4-f71f-4b9a-a244-649371de5bda
Body View case body.
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)