| Case ID |
ffbf998a-ce22-4ae2-bf43-2b08934c4bec |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 161/R of 19 |
| Decision Date |
Jun 10, 1984 |
| Hearing Date |
Jun 10, 1984 |
| Decision |
The petition for leave to appeal was dismissed as it was found to be without merit. The petitioner failed to deposit rent as ordered by the Rent Controller, and the question of ownership or title of the suit shop was finally decided in favor of the landlord. The Supreme Court upheld the decisions of the lower courts, emphasizing that the petitioner was a defaulter and his objections were not valid. The court referenced a previous case to highlight the tendency of tenants to raise baseless objections in such matters. |
| Summary |
This case involves a civil petition for leave to appeal in the Supreme Court of Pakistan concerning a rent ejectment dispute. The petitioner, Haji Shaikh Fateh Muhammad, challenged his eviction from a shop in Civil Bazar, Attock, due to default in rent payment and questioned the ownership of the shop. The Rent Controller had ordered the petitioner to deposit arrears, which he failed to do, citing pending civil suits. The High Court and the Supreme Court both dismissed the petitions, ruling in favor of the landlord, Abdullah Khan. The court noted the petitioner's continuous default since partition and dismissed his objections as baseless. This decision highlights the court's stance against frivolous objections by tenants in rent disputes, referencing the case of Muhammad Sharif and another v. Muhammad Afzal Sohail. Keywords: rent ejectment, tenancy dispute, default in payment, Supreme Court of Pakistan, Lahore High Court, ownership title. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Lahore High Court, Rawalpindi Bench,
Court of the Rent Controller, Attock
|
| Judges |
MUHAMMAD HALEEM, C.J.,
MUHAMMAD AFZAL ZULLAH,
SHAFIUR RAHMAN,
MIAN BURHANUDDIN KHAN
|
| Lawyers |
Ch. Akhtar Ali, Advocate-on-Record for Petitioner,
Nemo for Respondents
|
| Petitioners |
Haji Shaikh FATEH MUHAMMAD
|
| Respondents |
2 others,
ABDULLAH KHAN
|
| Citations |
1984 SLD 750,
1984 SCMR 1039
|
| Other Citations |
P L D 1981 S C 246
|
| Laws Involved |
Constitution of Pakistan (1973),
West Pakistan Urban Rent Restriction Ordinance (VI of 1959)
|
| Sections |
Art. 185 (3),
S. 13 (6)
|