| Case ID |
f68ced23-f119-43a1-a4e0-f98964081ec5 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petitions for Leave to Appeals Nos.157/P, 15 |
| Decision Date |
Dec 17, 1989 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the decision of the lower courts regarding the ejectment of the lessees, affirming that the petitioners had been legally ejected from the land. The Court found that the application of Section 7 of the North-West Frontier Province Tenancy Act was appropriate, as the petitioners had initially retained possession of the land by pursuing legal remedies to challenge the eviction decree. The Court dismissed the petitions for special leave to appeal, highlighting that the compensation rate determined by the lower courts was based on substantial evidence and did not lack jurisdiction. The justices concluded that the case did not warrant any legal exceptions or alterations to the lower courts' decisions. |
| Summary |
This case revolves around the ejectment of lessees under the North-West Frontier Province Tenancy Act. The petitioners, Abdul Quddus and another, contested their eviction from a leased land after the expiration of their lease term. They were initially ejected through a court decree but retained possession by filing legal challenges. The Supreme Court ultimately dismissed their petitions for leave to appeal, affirming the application of Section 7 of the Tenancy Act and validating the compensation rates set by lower courts based on evidentiary support. The decision underscores important aspects of tenancy laws and legal processes in Pakistan, particularly the enforceability of eviction orders and the calculation of compensation for land use. Legal practitioners and tenants should be aware of the implications of this ruling on future tenancy disputes and eviction cases. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIM HASAN SHAH,
RUSTAM S. SIDHWA,
ABDUL HAFEEZ MEMON
|
| Lawyers |
Muhammad Latif, Advocate Supreme Court,
Abdul Hamid Qureshi, Advocate-on-Record
|
| Petitioners |
another,
ABDUL QUDDUS
|
| Respondents |
others,
ASSISTANT COLLECTOR, IST GRADE, DARGAI
|
| Citations |
1990 SLD 791,
1990 SCMR 832
|
| Other Citations |
Haji Abdul Ghaffar Khan v. Gullah Jan P L D 1952 Pesh. 50,
Shah Pasand Khan and others v. Sher Zaman Khan and others P L D 1952 Pesh. 62
|
| Laws Involved |
North-West Frontier Province Tenancy Act,
Constitution of Pakistan
|
| Sections |
6,
7,
185(3)
|