| Case ID |
d6a3c6c5-ba8d-4bce-9b75-6b7ffb621459 |
| Body |
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| Case Number |
Civil Petition No. 708-L of 2011 |
| Decision Date |
May 27, 2011 |
| Hearing Date |
May 27, 2011 |
| Decision |
The Supreme Court granted leave to appeal to consider whether the principles of frustration of contract as defined in Section 56 of the Contract Act, 1872 were correctly applied to the facts of the case. The court also examined if the ejectment petition was competent given that the premises in question had collapsed prior to the petitioner's tenancy and if the petitioner was not in physical possession of the premises at the time of filing. The court emphasized that if the respondent was not in possession of the premises, the dispute might only pertain to outstanding dues, which would fall outside the jurisdiction of the Rent Controller, necessitating the involvement of a civil court. |
| Summary |
This case revolves around the principles of contract law, specifically the frustration of contract as it pertains to an ejectment petition. The Supreme Court of Pakistan examined whether the principles outlined in Section 56 of the Contract Act, 1872 were properly applied by lower courts. The case highlights significant issues such as the definition of possession and jurisdictional limits of the Rent Controller when dealing with collapsed premises. Since the premises were not in physical possession of the petitioner at the time the ejectment petition was filed, the court deliberated on whether the Rent Controller had the authority to hear the case, ultimately suggesting that such disputes should be resolved in civil court. The decision underscores the importance of understanding the dynamics of tenancy agreements and the implications of property conditions on legal proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MAHMOOD AKHTAR SHAHID SIDDIQUI,
ASIF SAEED KHAN KHOSA
|
| Lawyers |
Mahmood A. Sheikh
|
| Petitioners |
TANVEER QAYYUM PIRACHA
|
| Respondents |
Mian NASEER AHMED
|
| Citations |
2011 SLD 2199,
2011 SCMR 1294
|
| Other Citations |
Not available
|
| Laws Involved |
Contract Act, 1872
|
| Sections |
56
|