| Case ID |
e32b3a13-e65c-47ab-b63a-d95653159440 |
| Body |
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| Case Number |
Civil Appeal No. 1580 of 1997 |
| Decision Date |
Oct 21, 1998 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal, concluding that the lower courts should have exercised discretion in favor of the tenant. It was determined that the tenant had not become a defaulter in the payment of rent due to the lack of a demand notice from the landlord for the statutory increase of 25%. The judgment of the High Court was set aside, and the ejectment application was dismissed, emphasizing that an automatic increase in rent was not valid without prior notice. |
| Summary |
In the case of Syed ILLYAS ALI ABBASI vs Mst. ALLAH RAKHI, the Supreme Court of Pakistan addressed the issues surrounding the West Pakistan Urban Rent Restriction Ordinance (VI of 1959) concerning rental increase and tenant default. The focus was on whether the tenant had defaulted on rent payments due to a statutory increase of 25% without receiving a demand notice from the landlord. The court highlighted that the provisions of the Ordinance do not allow for an automatic increase in rent without explicit demand from the landlord. The judgment of the High Court was overturned, and the ejectment application was dismissed. This case is crucial for landlords and tenants alike as it clarifies the legal requirements for rent increases and the definition of default in rental agreements. Keywords: Supreme Court of Pakistan, rental law, tenant rights, West Pakistan Urban Rent Restriction Ordinance. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUR REHMAN KHAN,
CH. MUHAMMAD ARIF
|
| Lawyers |
Mr. Mirza Hafeez-ur-Rehman
|
| Petitioners |
Syed ILLYAS ALI ABBASI
|
| Respondents |
Mst. ALLAH RAKHI through Attorney
|
| Citations |
2001 SLD 1698,
2001 SCMR 31
|
| Other Citations |
Haji Muhammad Ibrahim v. Haji Abdus Salam Bhatti 1996 SCMR 1042,
National Development Finance Corporation v. Naseem-ud-Din PLD 1997 SC 564,
Muhammad Tariq v. Sardar Khan and 9 others 1998 CLC 1054,
Javed Iqbal v. S.M. Khuram Wasti, Advocate 2000 CLC 126
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance (VI of 1959),
Constitution of Pakistan, 1973
|
| Sections |
5A,
13,
185(3)
|