| Case ID |
466d12c9-db49-4117-9eae-8dc366345365 |
| Body |
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| Case Number |
Civil Petition No. K 286 of 1982 |
| Decision Date |
Nov 08, 1982 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal after considering the petitioner's argument that he regularly deposited rent in court in previous proceedings. The court found that the petitioner's failure to deposit rent in the current case was technical and should not incur penalties under subsection (2) of section 16 of the Sind Rented Premises Ordinance, 1979. The petitioner's eviction was stayed until the appeal is decided, provided he continues to deposit rent in the appropriate court. |
| Summary |
This case revolves around the interpretation of the Sind Rented Premises Ordinance, particularly concerning the consequences of a tenant's failure to deposit rent. The Supreme Court of Pakistan reviewed the circumstances under which the petitioner, Major (Retd.) A.S.K. Samad, was penalized for not depositing rent. The court emphasized the importance of adhering to procedural requirements while also considering the technical nature of the petitioner's failure. The decision underscores the balance between enforcing tenant obligations and ensuring fair treatment in rental disputes. The ruling reinforces the principle that a technical lapse should not automatically lead to punitive measures, especially when prior compliance is demonstrated. This case highlights significant aspects of landlord-tenant law and the judicial approach to equitable relief in rental disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL QADIR SHAIKH,
S. A. NUSRAT,
ZAFFAR HUSSAIN MIRZA
|
| Lawyers |
Azhar Ali Siddiqi, Advocate Supreme Court,
Mian Shabbir Ghaury Advocate on-Record for Petitioner,
M. M. Pirzada, Advocate Supreme Court,
Rashid Akhtar Qureihi, Advocate on-Record for Respondents
|
| Petitioners |
MAJOR (RETD.) A. S. K. SAMAD
|
| Respondents |
ANOTHER,
LT: COL. (RETD.) A. HUSSAIN
|
| Citations |
1983 SLD 461,
1983 SCMR 773
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Sind Rented Premises Ordinance (XVII of 1979)
|
| Sections |
185(3),
16(2)
|