| Case ID |
d7b69dd1-2652-47ba-9e51-59e9745bbc7b |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 258 |
| Decision Date |
May 16, 1978 |
| Hearing Date |
|
| Decision |
The petition for leave to appeal against the order dated 8-4-1978 of the Lahore High Court was dismissed. The court found that the petitioner had committed default in the payment of rent and that the default was willful. It was ruled that the petitioner was given adequate opportunity to explain the non-compliance of the order and that the Rent Controller's decision to strike off the defense was justified. The argument that audit objections prevented timely payment was rejected, as it was deemed that the petitioner could have rectified the situation with due diligence. The conclusion was that the actions of the petitioner were negligent, and the defense was rightly struck off by the Rent Controller. |
| Summary |
In the Supreme Court of Pakistan, the case of Municipal Committee, Gujranwala vs. Barkat Bibi and 5 Others revolved around the interpretation and enforcement of the West Pakistan Urban Rent Restriction Ordinance, particularly Section 13(6). The key issue was whether the petitioner's default in rent payments constituted 'willful' non-compliance with a prior court order. The court examined the circumstances surrounding the petitioner's failure to pay rent and determined that the excuses provided, including audit objections, did not absolve the petitioner of responsibility. The ruling emphasized the importance of diligence in complying with court orders and upheld the decisions made by lower courts. This case highlights critical aspects of landlord-tenant law and the enforcement of rent regulations. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ANWARUL HAQ, C.J.,
NASIM HASAN SHAH, J
|
| Lawyers |
Ch. Hamid ud Din, Advocate Supreme Court,
Sh. Salah ud Din, Advocate on-Record
|
| Petitioners |
MUNICIPAL COMMITTEE, GUJRANWALA
|
| Respondents |
BARKAT BIBI AND 5 OTHERS
|
| Citations |
1979 SLD 536,
1979 SCMR 264
|
| Other Citations |
P L D 1967 S C 530
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance
|
| Sections |
13(6)
|