| Case ID |
4640752f-97ea-459d-a4c3-d158253f7671 |
| Body |
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| Case Number |
Civil Appeal No. K-81 of 1981 |
| Decision Date |
Nov 10, 1987 |
| Hearing Date |
Sep 10, 1987 |
| Decision |
The Supreme Court found that the tenant had willfully defaulted in the payment of rent after being notified of the change in ownership. The court determined that the tenant should have paid the rent to the new landlord instead of depositing it in court under the name of the previous landlord. The appeal by the landlords was allowed, and the order of the Rent Controller ejecting the tenant was restored. The court emphasized the importance of complying with notice requirements as stipulated in the West Pakistan Urban Rent Restriction Ordinance, reinforcing the tenant's obligation to pay rent to the new owner following proper notification. |
| Summary |
This case revolves around the West Pakistan Urban Rent Restriction Ordinance, specifically regarding the obligations of a tenant upon change of ownership. The appellants, Suleman and another, sought to eject their tenant, M.A. Mallick, after he failed to pay rent following their purchase of the property. The Supreme Court ruled that the tenant's refusal to pay the new landlord constituted willful default, thus restoring the ejectment order. This case highlights the significance of legal compliance in landlord-tenant relationships and the necessity for tenants to adhere to notice requirements. Keywords: tenant rights, landlord obligations, rent payment laws, legal compliance, property ownership transfer. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
ZAFFAR HUSSAIN MIRZA,
MIAN BURHANUDDIN KHAN
|
| Lawyers |
Not available
|
| Petitioners |
SULEMAN and another
|
| Respondents |
M.A. MALLICK
|
| Citations |
1988 SLD 2314,
1988 SCMR 775
|
| Other Citations |
P L D 1976 Kar.169,
F L D 1977 Kar.418
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance
|
| Sections |
13-A
|