| Case ID |
f939033c-79d0-4507-8656-ad6dcf1bcec1 |
| Body |
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| Case Number |
First Rent Appeal No. 719 of 1980 |
| Decision Date |
May 08, 1981 |
| Hearing Date |
|
| Decision |
The Supreme Court ruled that the Rent Controller must establish that a notice was served and that the respondent failed to reply without reasonable excuse. The court set aside the previous ex parte order, emphasizing the necessity of adhering to the principles of natural justice. The case was remanded to the Rent Controller for expeditious handling and resolution before September 30, 1981. |
| Summary |
In the case of First Rent Appeal No. 719 of 1980, the Supreme Court of Pakistan addressed the powers of the Rent Controller under the Sind Rented Premises Ordinance, particularly concerning ex parte orders. The court highlighted the importance of the principles of natural justice, asserting that no party should lose the right to defend without proper notice. The ruling clarified that the Rent Controller must find that a notice was served and that any failure to respond was without reasonable excuse. This decision underscores the legal expectations of transparency and fairness in rent disputes and reinforces the judiciary's role in safeguarding these principles. The court's decision to set aside the ex parte order and remand the case for further proceedings emphasizes the judiciary's commitment to uphold justice in landlord-tenant relationships. The case serves as a critical reference for future disputes regarding the procedural rights of parties in rent-related matters, ensuring that similar oversights are rectified in the interest of justice. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL HAYEE KURESHI, J
|
| Lawyers |
Naimur Rehman,
Abdul Rashid Mirza
|
| Petitioners |
MASHLAKHUDDIN
|
| Respondents |
Syed ALI HAIDER
|
| Citations |
1982 SLD 385,
1982 SCMR 570
|
| Other Citations |
Agha Brothers v. Tharparkar District T. B. Association 1979 C L C 831,
Chief Settlement Commissioner, Lahore v. Raja Mohomed Fazal Khan P L D 1975 S C 331
|
| Laws Involved |
Sind Rented Premises Ordinance
|
| Sections |
19(2),
21
|