| Case ID |
5293602d-d76b-40f5-af02-e5506f243663 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 335 |
| Decision Date |
Oct 27, 1980 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan refused the petition for special leave to appeal, thereby dismissing the petition. The court held that the questions raised pertained to the realm of fact, which is not within the court's purview to interfere with. Specifically, the court noted that the service of notice on Muhammad Din, the statutory tenant, was not proven before the Rent Controller, making the proceeding invalid. Additionally, the other respondents claimed that the house was never sublet to them, and since Muhammad Din was favored by the Rent Controller, they could not be acted against as sub-tenants. Consequently, the Supreme Court declined to interfere with these factual determinations and upheld the decision of the Lahore High Court. |
| Summary |
In the landmark case Civil Petition for Special Leave to Appeal No. 335 of 1975, adjudicated by the Supreme Court of Pakistan on October 27, 1980, the petitioners, MST. NAWAB BIBI ETC., sought special leave to appeal against the Lahore High Court's judgment regarding a property dispute. The case centered around the eviction of Muhammad Din for defaulting on rent payments and allegedly allowing sub-tenants, a claim contested by the respondents. The Supreme Court analyzed the constitutional provisions under Article 185(3) of the Constitution of Pakistan, which governs the leave to appeal process. The court emphasized the separation of factual determinations from legal judgments, asserting that factual questions, such as the validity of service notices and subletting arrangements, are not within its jurisdiction to reassess. The Supreme Court highlighted the importance of proper procedural conduct by the Rent Controller and upheld the High Court's decision due to the lack of evidence supporting the notice served to Muhammad Din. This case underscores the judiciary's adherence to procedural integrity and the delineation of roles between factual findings and appellate review. Key legal principles emphasized include the non-interference in factual matters by the highest court and the necessity of substantiated evidence in eviction proceedings. The involvement of prominent advocates like Malik Sher Bahadur and Sh. Abdul Karim highlighted the legal intricacies of tenancy and property laws in Pakistan. This decision reinforces the framework of property rights, tenant protections, and the procedural safeguards essential in civil litigation. The case is a pivotal reference for understanding the application of constitutional provisions in landlord-tenant disputes and the appellate mechanisms within Pakistan's judicial system. Trending keywords: Supreme Court of Pakistan, property dispute, Article 185(3), tenancy law, eviction proceedings, constitutional law, appellate review, Rent Controller, Lahore High Court, special leave to appeal, legal integrity, procedural safeguards, tenant protections, property rights, civil litigation Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Muhammad Din,
Rent Controller,
Hashmat Ali
|
| Judges |
MUHAMMAD HALEEM,
MUSHTAQ HUSSAIN
|
| Lawyers |
Malik Sher Bahadur, Advocate Supreme Court,
Sh. Abdul Karim, Advocate-on-Record for Petitioners,
Nemo for Respondent
|
| Petitioners |
MST. NAWAB BIBI ETC.
|
| Respondents |
SAIFUR REHMAN
|
| Citations |
1982 SLD 218,
1982 SCMR 242
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan
|
| Sections |
Art. 185(3)
|