| Case ID |
5c8cfea3-8d83-4d71-a490-b9fe7b451e25 |
| Body |
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| Case Number |
Second Appeal from Original Order No. 543 of 1978 |
| Decision Date |
Feb 05, 1979 |
| Hearing Date |
Feb 05, 1979 |
| Decision |
The appeal was accepted, and the orders of the two lower tribunals were set aside. The case was remanded to the Rent Controller with directions to take further proceedings in accordance with the law. The court found that the appellant, Syed Nawab Shah, had complied with the Rent Controller's directives by depositing rent, albeit in the name of the predecessor landlord. The court ruled that this did not justify the striking off of the appellant's defense and ordering his ejectment, as the necessary legal requirements were met. |
| Summary |
In the case of Syed Nawab Shah vs. Mst. Majeedah Khatoon and Others, the Lahore High Court addressed the issue of rent payment compliance under the West Pakistan Urban Rent Restriction Ordinance, 1959. The appellant, Syed Nawab Shah, had been directed by the Rent Controller to deposit arrears and future rent. He complied but did so in the name of the predecessor landlord, Dr. Abdul Majeed, leading to his defense being struck off and an order for ejectment issued. The court found that the Rent Controller's lack of specific instruction regarding the naming of the landlord did not warrant the appellant's ejectment, as he had made the required deposits. The court emphasized that the purpose of the ordinance was to ensure landlords receive due rent, regardless of the name under which it was deposited. Ultimately, the court accepted the appeal, remanding the case for fresh proceedings, underscoring the importance of adherence to procedural fairness in landlord-tenant disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD RYAS, J
|
| Lawyers |
Syed Muhammad Naqi,
Hidayat Ali Talb
|
| Petitioners |
Syed Nawab Shah
|
| Respondents |
Others,
Mst. Majeedah Khatoon
|
| Citations |
1979 SLD 347,
1979 PLD 618
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance, 1959
|
| Sections |
13(6)
|