| Case ID |
e1a3fe01-48e0-4129-93a0-0ad0b356570e |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 183/P of 19 |
| Decision Date |
Dec 19, 1982 |
| Hearing Date |
|
| Decision |
Leave to appeal was refused as the petitioners, who were tenants, were ejected by the Assistant Collector on the grounds of non-payment of lease money. The courts below determined that the petitioners had made a default in the payment of lease money for the relevant period. Even though the petitioners had attempted to deposit the lease amount subsequently, the courts held that such deposit could not condone the earlier default. Consequently, the petition was dismissed as being without merit. |
| Summary |
This case centers around the eviction of tenants for non-payment of lease money, specifically concerning the agricultural crops of Rabi and Kharif for the year 1979. The Supreme Court of Pakistan upheld the decisions of the lower courts, which had consistently ruled that the tenants had defaulted on their lease payments. Despite the tenants' attempts to deposit the outstanding rent after the eviction proceedings had commenced, the court found that this did not rectify their initial default. The case emphasizes the legal implications of timely rent payment under the West Pakistan Urban Rent Restriction Ordinance and the Constitution of Pakistan. Key terms include eviction, lease default, and tenant rights, which are relevant in discussions surrounding property law and tenant-landlord disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Dawa Khan
|
| Judges |
SHAFIUR RAHMAN,
MIAN BURHANUDDIN KHAN
|
| Lawyers |
Tariq Jamal
|
| Petitioners |
ANOTHER,
SHAMROZ
|
| Respondents |
OTHER,
ASSISTANT COLLECTOR
|
| Citations |
1983 SLD 252,
1983 SCMR 287
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 185(3),
West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 1.3(2)
|