| Case ID |
d7532f70-2777-4197-86f9-819ebaf45845 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No.618-K of 2007 |
| Decision Date |
Oct 10, 2008 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the decision of the lower courts, affirming that the landlord's refusal to accept the tenant's offer to pay enhanced rent constituted a waiver. The court found that no valid contract for the increased rent existed due to the landlord's non-acceptance of the tenant's proposal. The court emphasized that a concrete offer by one party and its categorical acceptance by the other is essential for a contract to be enforceable at law. Consequently, the court dismissed the petition for leave to appeal, maintaining the dismissal of the ejectment application on the grounds of default in payment of rent. |
| Summary |
In the case of Civil Petition No.618-K of 2007, the Supreme Court of Pakistan addressed a dispute between a landlord and a tenant regarding the non-payment of enhanced rent. The tenant, a bank, had been renting premises from the landlord at a rate of Rs. 11,000 per month. Upon the lease's expiration, the tenant expressed willingness to pay an increased rent of Rs. 25,000 but was met with the landlord's refusal to formalize a new agreement. The landlord subsequently filed for the tenant's ejectment, claiming default in payment. The Rent Controller and Appellate Authority dismissed the ejectment petition, establishing that the landlord's withdrawal of rent at the old rate indicated a waiver of the right to claim enhanced rent. The Supreme Court upheld this reasoning, reiterating the necessity of a valid contract and the implications of the landlord's actions. This case highlights critical aspects of tenancy law, contract formation, and the importance of clear communication between landlords and tenants. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
HABIB BANK LTD
|
| Judges |
ZIA PERWEZ,
SABIHUDDIN AHMED
|
| Lawyers |
Sadiq Hidayatullah,
Kamal Azfar
|
| Petitioners |
others,
MUHAMMAD UMAR KHAN
|
| Respondents |
others,
HABIB BANK LTD
|
| Citations |
2009 SLD 1733,
2009 SCMR 886
|
| Other Citations |
Zareena Khawaja v. Mehboob Shah PLD 1988 SC 190
|
| Laws Involved |
Constitution of Pakistan, 1973,
Sindh Rented Premises Ordinance (XVII of 1979)
|
| Sections |
185(3),
5,
15(2)(ii),
21
|