| Case ID |
7fb76845-49ef-40c5-82da-8b0cb7316852 |
| Body |
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| Case Number |
Civil Appeal No.327/K of 1986 |
| Decision Date |
Feb 13, 1989 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeal filed by Rashid Ahmad against Friends Match Works, setting aside the previous impugned orders. The Court remanded the case to the Controller for a decision on the merits, holding that the relationship of landlord and tenant was prima facie restored. The appellant's application under section 13 of the Sind Rent Restriction Ordinance, 1959 was found maintainable. The Court concluded that the respondents failed to perform their part of the contract by not paying the balance amount of consideration within the agreed time and did not show willingness to do so. Consequently, the provisions of section 53-A of the Transfer of Property Act provided no defense to the respondents. The parties were left to bear their own costs. |
| Summary |
In the landmark decision of Civil Appeal No.327/K of 1986, adjudicated by the Supreme Court of Pakistan on February 13, 1989, the petitioner Rashid Ahmad successfully challenged the eviction of tenants, Friends Match Works, under the Sind Rent Restriction Ordinance, 1959. The case revolved around a contractual dispute involving the Transfer of Property Act, 1882, specifically section 53, and the West Pakistan General Clauses Act, IV of 1956, section 26. The Supreme Court, presided over by Judges Abdul Kadir Sheikh, Javid Iqbal, and Naimuddin, JJ, determined that the respondents failed to fulfill their contractual obligations by not completing the property sale and not paying the remaining consideration within the stipulated timeframe. As a result, the landlord-tenant relationship was reinstated, allowing the appellant to maintain the eviction action. The judgment emphasized the importance of adhering to contractual terms and the legal ramifications of failing to do so. This case is a pivotal reference for property law in Pakistan, highlighting the enforcement of lease agreements and the legal responsibilities of both landlords and tenants. Legal experts and practitioners frequently cite this decision in cases related to property disputes, lease agreements, and eviction proceedings, making it a cornerstone case for understanding the application of the Transfer of Property Act in tenancy disputes. Additionally, the case underscores the role of the Supreme Court in upholding contractual agreements and ensuring justice in landlord-tenant relationships, reinforcing the legal framework that governs property transactions in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Friends Match Works
|
| Judges |
Abdul Kadir Sheikh,
Javid Iqbal,
Naimuddin, JJ
|
| Lawyers |
Akhtar Mahmood, Advocate-on-Record for Appellant,
Malik M. Saeed Advocate Supreme Court,
A. A. Dastgir, Advocate-on-Record for Respondent
|
| Petitioners |
Rashid Ahmad
|
| Respondents |
Friends Match Works
|
| Citations |
1989 SLD 216,
1989 PLD 503
|
| Other Citations |
Bechardas v. Ahmedabad Municipality (1941) AR 346,
Suleman v. Patel (1233) 35 Bom. LR 722,
145 IC 557 ('33) AB 381
|
| Laws Involved |
West Pakistan General Clauses Act, (IV of 1956),
Transfer of Property Act, 1882
|
| Sections |
26,
53
|