| Case ID |
ffe6015c-2d93-41f2-94cc-6586e344137f |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. K-2 |
| Decision Date |
Oct 02, 1983 |
| Hearing Date |
Oct 02, 1983 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal. The petitioner, Muhammad Umar, was aggrieved by the order of his ejectment from his residential premises due to default in rent payment and the personal requirement of the landlord. The Additional District Judge had found against the petitioner on the issue of rent default, and this was affirmed by the Sind High Court. The Supreme Court found no error in the concurrent findings of the lower courts and refused leave to appeal as the issues raised were questions of fact not suitable for Supreme Court consideration. |
| Summary |
This case involves a dispute over the ejectment of Muhammad Umar from his residential premises due to alleged default in rent payment and the personal requirement of the landlord. The original landlord, Syed Nasiruddin, filed an ejectment application, which was later pursued by Mrs. Parveen Hilaluddin after she purchased the property. The Rent Controller found in favor of the petitioner, Muhammad Umar, but the Additional District Judge disagreed, finding that Umar had defaulted on rent payments. The Sind High Court upheld this finding, leading to Umar seeking leave to appeal to the Supreme Court. The Supreme Court dismissed the petition, agreeing with the lower courts' findings. This case highlights key legal issues in landlord-tenant disputes, particularly regarding rent default and the requirements for appeal. The involvement of multiple legal statutes, such as the Constitution of Pakistan and the West Pakistan Urban Rent Restriction Ordinance, emphasizes the complexity of such cases. The decision underscores the importance of presenting concrete evidence in rent disputes and the challenges of overturning concurrent findings of fact by lower courts. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Muhammad Umar,
Syed Nasiruddin,
Mrs. Parveen Hilaluddin
|
| Judges |
S. A. Nusrat,
Zaffar Hussain Mirza
|
| Lawyers |
Faizanul Haq
|
| Petitioners |
Muhammad Umar
|
| Respondents |
another,
Mrs. Parveen Hilaluddin
|
| Citations |
1984 SLD 458,
1984 SCMR 272
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
West Pakistan Urban Rent Restriction Ordinance (VI of 1959)
|
| Sections |
185 (3),
13,
15
|