| Case ID |
e28ca347-c694-45e9-83c5-e33d887ab3e9 |
| Body |
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| Case Number |
S.A.O. No.77924 of 2019 |
| Decision Date |
Oct 13, 2022 |
| Hearing Date |
Oct 13, 2022 |
| Decision |
The Lahore High Court dismissed the appeal filed by Rana Muhammad Ahmad Tahir against the eviction order upheld by the appellate court. The court found that the appellant was a willful defaulter in payment of rent and failed to comply with the statutory requirement of increasing the rent every three years as per the Punjab Urban Rent Restriction Ordinance. The court ruled that there was no need for a separate notice for rent increase, and the filing of the ejectment petition sufficed as notice for eviction. The court emphasized the importance of adhering to the law regarding rent payments and the obligations of tenants, resulting in the dismissal of all connected appeals. |
| Summary |
In the case of S.A.O. No.77924 of 2019, the Lahore High Court addressed issues related to tenancy under the Punjab Urban Rent Restriction Ordinance (VI of 1959). The appellant, Rana Muhammad Ahmad Tahir, contested an eviction order on grounds of willful default in rent payment. The court scrutinized the relationship between landlord and tenant, emphasizing that tenants must be aware of statutory obligations, including rent increases every three years. The court ruled that the appellant's failure to pay rent and to comply with legal requirements warranted dismissal of the appeal. This case highlights key aspects of tenancy law, particularly the consequences of non-compliance with rental obligations and the procedural aspects of eviction under the Ordinance. Keywords such as 'eviction order', 'tenancy law', 'Punjab Urban Rent Restriction Ordinance', 'willful default', and 'statutory rent increase' are critical in understanding the legal context and implications of this decision. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Sajid Mehmood Sethi, J
|
| Lawyers |
Syed Muhammad Shah,
Ch. Abdul Hafeez
|
| Petitioners |
Rana MUHAMMAD AHMAD TAHIR
|
| Respondents |
Mian MUHAMMAD ZIA
|
| Citations |
2023 CLC 738 = 2023 SLD 1466
|
| Other Citations |
Muhammad Irfan v. Muhammad Zahid Hussain Anjum 2000 SCMR 207,
Sikandar Hayat v. Hasina Sheikh PLD 2010 SC 19,
Mian Shahid Iqbal v. Sheikh Tariq Mehmood 2010 SCMR 1,
Malik Abdul Aziz Awan and another v. Rana Maqbool Ahmad Khan and others 2012 SCMR 91,
Major (Retd.) Muhammad Yousaf v. Mehraj-ud-Din and others 1986 SCMR 751,
Pakistan National Shipping Corporation v. Messrs General Service Corporation 1992 SCMR 871,
Akhtar Saleem v. Additional District Judge 2013 MLD 209,
Khudadad v. Syed Ghazanfar Ali Shah alias S. Inaam Hussain and others 2022 SCMR 933,
Mushtaq ul Aarifin and others v. Mumtaz Muhammad and others 2022 SCMR 55,
Muhammad Bashir v. Muhammad Hussain and 16 others 2009 SCMR 1256,
World Call Cable (Pvt.) Ltd. through Chief Executive Officer v. Federation of Pakistan through Secretary and another 2020 CLC 534,
Salah-ud-Din Butt and others v. Punjab Service Tribunal and others PLD 1989 SC 597
|
| Laws Involved |
Punjab Urban Rent Restriction Ordinance (VI of 1959)
|
| Sections |
13(2)(i),
5-A
|