| Case ID |
eb554f02-3d49-40bc-87b0-dd0b428a526c |
| Body |
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| Case Number |
S.A.O. No. 1 of 2012 |
| Decision Date |
Sep 29, 2017 |
| Hearing Date |
Sep 29, 2017 |
| Decision |
The Peshawar High Court upheld the ejectment petition filed by the landlord against the tenants due to their wilful default in rent payment. The court highlighted that despite the tenants' claims of not recognizing the new landlord, they were still legally obligated to deposit the rent in court. The tenants failed to provide evidence of rent payment and relied on a receipt sent to the previous owner, which did not fulfill their legal responsibilities. The court found no illegality in the previous appellate court's order and dismissed the tenants' second appeal, reinforcing the necessity of adhering to rental obligations under the Khyber Pakhtunkhwa Urban Rent Restriction Ordinance. |
| Summary |
In the case involving Sardar Hussain and others against Zafar Hussain, the Peshawar High Court addressed issues under the Khyber Pakhtunkhwa Urban Rent Restriction Ordinance, 1959. The landlord's petition for ejectment was based on claims of wilful default in rent payment, personal need for the property, and subletting by the tenants. Critical to the court's decision was the tenants' failure to deposit rent in court, which is a prerequisite for contesting ejectment proceedings. The court ruled that the tenants' reliance on a money order receipt sent to the previous owner did not absolve them of their legal obligations. This ruling emphasizes the importance of compliance with rental agreements and the consequences of neglecting such duties, particularly in the context of urban rent restrictions. Legal practitioners should note the implications of this case for future landlord-tenant disputes, especially regarding the necessity of formal rent deposit and acknowledgment of ownership changes. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD NASIR MAHFOOZ
|
| Lawyers |
Abdul Rehman,
Alamzeb
|
| Petitioners |
SARDAR HUSSAIN AND OTHERS
|
| Respondents |
ZAFAR HUSSAIN
|
| Citations |
2018 SLD 1984,
2018 CLC 1354
|
| Other Citations |
Not available
|
| Laws Involved |
Khyber Pakhtunkhwa Urban Rent Restriction Ordinance, 1959
|
| Sections |
13
|