| Case ID |
f588fb2f-32d5-442f-833a-7f52edc1f1f5 |
| Body |
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| Case Number |
Civil Appeal No. K-24 of 1963 |
| Decision Date |
Nov 20, 1963 |
| Hearing Date |
Nov 19, 1963 |
| Decision |
The Supreme Court of Pakistan ruled in favor of the appellants, allowing them to regain possession of the shop in question. The court determined that the nature of the agreement between the parties constituted a license rather than a tenancy, thereby allowing for eviction without the protections afforded under the Karachi Rent Restriction Act. The court emphasized that the distinction between a lease and a license is critical, as a lease confers rights in rem, while a license does not. The court also noted the importance of registration under the Transfer of Property Act and the limitations set forth by the Registration Act. The court ultimately granted the appellants the right to eject the respondent from the premises, reinforcing the principle that a tenant cannot be evicted without due process under the relevant rental laws. |
| Summary |
This case revolves around the interpretation of rental agreements under the Karachi Rent Restriction Act, the distinction between leases and licenses, and the implications of unregistered deeds. The Supreme Court of Pakistan addressed the complexities surrounding the terms of the agreement between Abdullah Bhai and Ahmad Din, determining that the agreement constituted a license rather than a tenancy. This distinction is crucial as it affects the rights and protections available to the parties involved. The court's decision highlights the necessity for proper documentation and registration of leases per the Transfer of Property Act, emphasizing that without such registration, a tenancy cannot be legally recognized. The judgment serves as a significant reference for future cases involving rental agreements and the legal definitions of tenancy and licensing in Pakistan, ensuring clarity in the application of rental laws and protecting the rights of landlords. The decision also underscores the importance of legal counsel in navigating complex property laws. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
A. R. Cornelius, C.J.,
B. Z. Kaikaus,
Hamoodur Rahman, JJ
|
| Lawyers |
Iqbal Kazi Advocate Supreme Court,
G. Safdar Shah Advocate Supreme Court
|
| Petitioners |
others,
ABDULLAH BHAI
|
| Respondents |
AHMAD DIN
|
| Citations |
1964 SLD 165,
1964 PLD 106
|
| Other Citations |
Not available
|
| Laws Involved |
Karachi Rent Restriction Act, 1953,
Easements Act, 1882,
Evidence Act, 1872,
Transfer of Property Act, 1882
|
| Sections |
10,
52,
91,
92,
105,
107,
53A
|