| Case ID |
d57de86b-efcc-40b1-bc34-aac238a58187 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.347-L of 200 |
| Decision Date |
Feb 17, 2004 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan upheld the decision of the Lahore High Court, which maintained the ejectment order issued by the Rent Controller. The court found that the plea of the petitioner's predecessor-in-interest, claiming ownership of the disputed property, was not substantiated and thus did not warrant interference. Consequently, the petition for leave to appeal was dismissed, affirming the lower courts' rulings regarding the ejectment application and the dismissal of the suit for specific performance. The decision was deemed just and proper, with no grounds for further legal challenge. |
| Summary |
This case revolves around the ejectment application filed by a landlord against the predecessor-in-interest of the petitioners under the West Pakistan Urban Rent Restriction Ordinance, 1959. The Rent Controller's order was upheld through the appellate process, including the Lahore High Court's ruling on December 10, 2003. The key legal issue was whether the predecessor-in-interest's claim of ownership based on an agreement of sale was valid. The Supreme Court concluded that the High Court's findings were appropriate and that no further intervention was necessary. This case highlights important aspects of tenant rights, property law, and the judicial process in Pakistan, particularly within the context of rent disputes. Legal practitioners and advocates specializing in property law may find this case significant for understanding the application of the Rent Restriction Ordinance and the interpretation of ownership claims in ejectment proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY,
MIAN MUHAMMAD AJMAL,
KHALIL-UR-REHMAN RAMDAY
|
| Lawyers |
Islam Ali Qureshi, Advocate Supreme Court/Advocate-on-Record for Petitioners
|
| Petitioners |
MUHAMMAD SADIQ through L.Rs.
|
| Respondents |
others,
ADDITIONAL DISTRICT JUDGE, RAJANPUR
|
| Citations |
2008 SLD 1653,
2008 SCMR 680
|
| Other Citations |
Civil Petition No.298-L of 2004
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance, 1959,
Constitution of Pakistan, 1973
|
| Sections |
13,
15,
185(3)
|