| Case ID |
d68f205d-ef01-47b3-bbcf-3cdcec5e555c |
| Body |
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| Case Number |
Civil Petitions No. 478 to 481 of 2019 |
| Decision Date |
Feb 22, 2019 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the Civil Petitions, affirming the decisions of lower courts regarding the eviction petition filed under the Punjab Rented Premises Act, 2009. The court found that the petitioner had no locus standi in the eviction proceedings as the ownership dispute was pending before a competent jurisdiction. The court emphasized that the Rent Tribunal lacks the authority to determine questions of title, which must be resolved by a higher court. The petitioner's claims regarding ownership and the lack of documentation supporting his landlord status were noted as insufficient for relief. The court concluded that the eviction petition was rightly allowed and upheld the lower courts' decisions, dismissing the appeals. |
| Summary |
In the case of Civil Petitions No. 478 to 481 of 2019, the Supreme Court of Pakistan reviewed an eviction petition under the Punjab Rented Premises Act, 2009. The petitioner, Syed Iftikhar Hussain Shah, claimed ownership of a property involved in the eviction proceedings but failed to provide adequate evidence of his landlord status. The court highlighted that ownership disputes must be resolved by a competent court, not by a Rent Tribunal. The decision underscores the importance of proper legal standing in eviction cases and the necessity of presenting documentary evidence to support claims of ownership and landlord status. The court ultimately dismissed the petitions, reaffirming the earlier judgments and decisions made by the lower courts, emphasizing the procedural integrity of eviction proceedings in Pakistan. This case illustrates the complexities of landlord-tenant disputes and the strict adherence to procedural law in determining ownership and eviction rights. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
FAISAL ARAB,
IJAZ-UL-AHSAN,
FAREEDUDDIN MASOOD
|
| Lawyers |
Syed Iftikhar Hussain Shah, ASC
|
| Petitioners |
Syed Iftikhar Hussain Shah
|
| Respondents |
Respondent No.5,
ADDITIONAL DISTRICT JUDGE BAHAWALPUR
|
| Citations |
2019 SLD 2492,
2019 PLJ 420
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Punjab Rented Premises Act, 2009
|
| Sections |
S.12(2),
O.I,R.10
|