| Case ID |
e28278ad-9304-4f62-9f88-891c69f5365e |
| Body |
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| Case Number |
C.P. No. 670 of 1975 |
| Decision Date |
Dec 23, 1975 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for special leave to appeal filed by Haji Jan Muhammad against the decision of the High Court. The case revolved around the petitioner's status as a statutory tenant who was evicted due to default in rent payment. The petitioner acknowledged the default but attempted to justify it without success. The High Court's restoration of the Rent Controller's order of ejectment was deemed justified. The argument regarding the applicability of section 53-A of the Transfer of Property Act was rejected, as the agreement did not exempt the petitioner from rent payments. The Court emphasized that the petitioner's continued occupation of the premises, without payment, could not be considered part performance under the law. |
| Summary |
In the case of Haji Jan Muhammad vs Ghulam Ghaus and others, the Supreme Court of Pakistan addressed critical issues of tenancy law, particularly focusing on the implications of the West Pakistan Urban Rent Restriction Ordinance and the Transfer of Property Act. The petitioner, Haji Jan Muhammad, was a statutory tenant who faced eviction due to non-payment of rent. The decision emphasized the importance of adhering to legal obligations under tenancy agreements and clarified that mere occupation of premises does not equate to part performance if no rent is paid. This case is significant for tenants and landlords alike as it underscores the legal ramifications of defaulting on rent and the principle of part performance in property law. The ruling serves as a precedent for future cases involving similar circumstances, making it a crucial reference point in the realm of tenancy law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ANWARUL HAQ,
MUHAMMAD AFZAL CHEEMA
|
| Lawyers |
Hassan Ahmad Khan Kanwar,
S. Inayat Shah,
S.M. Anwar,
Wali Muhammad Khawaja
|
| Petitioners |
Haji Jan Muhammad
|
| Respondents |
2 Others,
Ghulam Ghaus
|
| Citations |
1976 SLD 196,
1976 SCMR 141
|
| Other Citations |
Khan Ghulam Hassan Khan v. Dr. Rashid P L D Kar 35,
Kalimuddin Ansari v. Director: Excise & Taxation P LD 1971 SC 114
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance, 1959,
Transfer of Property Act, 1882
|
| Sections |
15(4),
53-A
|