| Case ID |
eb97e1c0-4b5d-4a60-9da9-59f8b6ffb5de |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. K-1 |
| Decision Date |
Jan 08, 1970 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition filed by Muhammad Hussain against the order of eviction from residential premises. The court held that the objection regarding the notice under section 30 of the Displaced Persons (Compensation and Rehabilitation) Act was raised for the first time in the High Court and was justifiably refused. The court found that the petitioner was not in possession of the property at the time of transfer to the respondent, which negated the necessity for such a notice. Additionally, the court ruled that section 13-A of the West Pakistan Urban Rent Restriction Ordinance did not apply retrospectively to the ejectment application filed in 1963, as it came into effect in 1965. The court concluded that the learned Rent Controller had acted within his discretion and the delay in payment of rent could not be excused by ongoing disputes between the parties. Therefore, the petition was dismissed with no grounds for relief. |
| Summary |
The case revolves around the eviction of Muhammad Hussain from residential premises No. 713/1 G. M. Jamshed Quarters, Karachi, which was transferred to Amtul Batul in 1959. The relevant laws include the Displaced Persons (Compensation and Rehabilitation) Act and the West Pakistan Urban Rent Restriction Ordinance. The Supreme Court addressed the objections raised by the petitioner regarding the notice under section 30 and the application of section 13-A. It was concluded that the High Court was correct in dismissing the objection raised for the first time. The court emphasized the importance of adhering to legal procedures and the non-retrospective nature of the law concerning the ejectment application. The decision reinforces legal principles regarding notice requirements and tenant rights, providing clarity on the application of rental laws. This case is significant for understanding eviction processes and tenant protections under Pakistani law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD YAQUB ALI,
WAHIDUDDIN AHMAD
|
| Lawyers |
N. A. Faruqi,
Salahuddin,
Jamil Hussain Rizvi,
Yousuf Rafi
|
| Petitioners |
MUHAMMAD HUSSAIN
|
| Respondents |
AMTUL BATUL
|
| Citations |
1970 SLD 135,
1970 SCMR 286
|
| Other Citations |
Not available
|
| Laws Involved |
Displaced Persons (Compensation and Rehabilitation) ActÂ(XXVIII of 1958),
West Pakistan Urban Rent Restriction Ordinance (VI of 1959)
|
| Sections |
30,
13-A,
13
|