| Case ID |
ddddcc01-5e71-478f-886a-be117501871e |
| Body |
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| Case Number |
Civil Petition No.1498-L of 2007 |
| Decision Date |
Jan 02, 2008 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal against the judgment of the Lahore High Court, which upheld the eviction order against the petitioner. The court found that the petitioner was given numerous opportunities to present evidence but failed to do so, and therefore, his defense was rightly struck off. The decision emphasized that while the provisions of the Civil Procedure Code are not strictly applicable to rent proceedings, equitable principles can still be applied. The court ultimately refused to interfere with the High Court's decision, emphasizing the importance of adherence to procedural requirements in such cases. |
| Summary |
In this case, the Supreme Court of Pakistan dealt with a civil petition regarding the eviction of a tenant under the West Pakistan Urban Rent Restriction Ordinance. The petitioner, Saeed Pervaiz, contested the eviction application filed by the respondent, Syed Masood Hassan, on grounds of personal bona fide need and wilful default. The case highlighted the procedural aspects of rent proceedings, where the petitioner was repeatedly granted opportunities to present his defense but failed to comply. The court ruled that the Rent Controller acted within his rights to strike off the defense due to non-compliance, thus upholding the eviction order. The case underscores the significance of procedural diligence in judicial proceedings, especially in eviction cases, and reaffirms the court's stance on the applicability of equitable principles in rent-related disputes. Keywords: eviction, tenant rights, rent control, legal proceedings, Supreme Court of Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL HAMEED DOGAR, C.J.,
MUHAMMAD MOOSA K. LEGHARI,
CH. EJAZ YOUSAF
|
| Lawyers |
Islam Ali Qureshi,
A.H. Bhatti
|
| Petitioners |
SAEED PERVAIZ
|
| Respondents |
Syed MASOOD HASSAN
|
| Citations |
2008 SLD 1464,
2008 SCMR 568
|
| Other Citations |
Barkat Ali v. Muhammad Ehsan and another 2000 SCMR 556,
Khadim Mohyuddin v. Rehmat Ali PLD 1965 SC 459,
Ayub Khan and another v. Fazal Haq and others PLD 1976 SC 422,
Muhammad Saleh v. Muhammad Shafi 1982 SCMR 33,
Abdul Majid v. Syed Azhar Ali Shah and others PLD 1985 SC 191,
Shaikh Muhammad Ibrahim v. Syed Abdul Aziz Shah and others 1990 SCMR 542,
Muhammad Tariq Khan v. Khawaja Muhammad Javad Asami and others 2007 SCMR 118,
Messrs Bambino Ltd. v. Messrs Selmore International Ltd. and another PLD 1983 SC 155,
Sh. Abdul Hameed's case PLD 1994 Kar. 379,
Atta-ul-Haq's case 1992 MLD 1409,
Abdul Hameed's case 1986 MLD 541,
Sh. Miraj Din's case PLD 1965 Lah. 374,
Sr. Lakshmi Narayan's case PLD 1964 Dacca 177,
Ahmad-ul-Haq's case PLD 1960 Dacca 452,
Mst. Fatima Bibi's case 1991 SCMR 1031
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance (VI of 1959),
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
13,
O.XVII, R.3,
Art.185(3)
|