| Case ID |
edd768c0-e166-414c-8a27-c827c0dbcbc6 |
| Body |
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| Case Number |
W.P. No. 10461 of 2022 |
| Decision Date |
Jul 07, 2022 |
| Hearing Date |
|
| Decision |
The writ petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, was dismissed with no order as to costs. The court upheld the decisions of the lower courts, affirming the existence of a landlord-tenant relationship between the petitioner, Mistary Shahid Karim, and the respondents, Additional District Judge etc. The petitioner failed to provide sufficient evidence to contest the tenancy relationship, and the respondents were entitled to recover outstanding rent as claimed. The court found no material irregularity or misreading of evidence in the lower courts' judgments and orders, leading to the dismissal of the petition. |
| Summary |
In the case of W.P. No. 10461 of 2022, the Lahore High Court's Multan Bench addressed a dispute between Mistary Shahid Karim and the Additional District Judge, among others. The petitioner, represented by advocates M/s. Malik Javed Akhtar Wains and Muhammad Irfan Wyne, challenged the legality of a judgment and cost memo dated September 23, 2021, which had allowed the respondents to file an ejectment petition against him. The core issue revolved around the existence of a landlord-tenant relationship and the outstanding rent claims dating back to October 2014. The petitioner failed to substantiate his claim of not being a tenant, despite admitting to the tenancy in earlier proceedings. The court meticulously reviewed the evidence, including lease agreements and previous litigation, and concluded that the respondents were entitled to the outstanding rent. Key legal provisions cited included the Punjab Removal from Service Ordinance and Qanun-e-Shahadat. The decision reinforced the principles of tenancy law, emphasizing that once a tenant-landlord relationship is established, it cannot be easily disputed without substantial evidence. The court's dismissal of the petition without ordering costs underscores the robustness of the respondents' claims and the petitioner’s inability to refute the established tenancy relationship. This case highlights the importance of maintaining clear and documented tenancy agreements and the legal consequences of defaulting on rental obligations. Additionally, the judgment references several precedent cases, reinforcing the legal standards applied in tenancy disputes. Overall, the decision serves as a critical reminder for both landlords and tenants to adhere to their contractual agreements and understand their legal rights and responsibilities within the framework of Pakistani law. |
| Court |
Lahore High Court, Multan Bench
|
| Entities Involved |
Lahore High Court,
Multan Bench
|
| Judges |
AHMAD NADEEM ARSHAD, J.
|
| Lawyers |
M/s. Malik Javed Akhtar Wains,
Muhammad Irfan Wyne,
M/s. Syed Tajammul Hussain Bukhari,
Malik Muhammad Fayyaz-ul-Haq Arain
|
| Petitioners |
Mistary Shahid Karim
|
| Respondents |
Additional District Judge etc.
|
| Citations |
2022 SLD 1661,
2022 PLJ 942
|
| Other Citations |
1990 CLC 246,
1989 CLC 783,
Rehmat Ghani VSTaimur Khan and 6 others (2018 CLC Note 109 at page 97),
Ghulam Mustafa and another vs. Mst. Muhammadi Begum and another (1990 CLC 246),
Habib Khan VS Haji Haroon-ur-Rashid (1989 CLC 783),
Kalimullah VS Amin Hazin and others (1976 SCMR 77),
Province of Punjab though Education Secretary and another VS Mufti Abdul Ghani (PLD 1985 Supreme Court 1),
Nazir Ahmad VSMst. Sardar Bibi and others (1989 SCMR 913),
Ghulam Mustafa and others VSMst. Muhammad Begum and others (1991 SCMR 432),
MadrissaDarul Uloom Al-Baqiat-Ul-Salehat Registered VS The Additional District Judge (Appellate Court) and another (PLD 1992 Supreme Court 401),
Irshad Ahmad and others VS Allah Ditta and others (1998 SCMR 948),
Syed Izhar-ul-Hassan Rizvi vs. Mian Abdul Rehman and 2 others (1989 CLC 2144),
Khawaja Masood Ahmad and another vs. Sajjad Sarwar and 2 others (2002 MLD 434),
Muhammad Arshad VS Farooq Ahmad (2010 YLR 1374),
Amin and others VS Hafiz Ghulam Muhammad (PLD 2006 Supreme Court 549),
Barkat Masih VS Manzoor Ahmad (deceased) through L.Rs. (2006 SCMR 1068),
Abdul Rasheed VS Maqbool Ahmed and others (2011 SCMR 320)
|
| Laws Involved |
Punjab Removal from Service (Special Powers) Ordinance, (XVII of 2000),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
15,
115
|