| Citation(s) |
|---|
| 2026 SLG 4233 = 2026 SLD 4233 |
Peshawar High Court
W.P No. 3028-P/2025
Presented By: (MUHAMMAD FAHEEM WALI) JUDGE
For the Petitioner: Mr. Gulsadbar, Advocate For
Respondents: Mr. Muhammad Altaf, Advocate Research assistance: Mr. Mazhar Ali Khan, Research & Reference Officer Date of hearing: 12.01.2026
W.P No. 3028-P/2025
Presented By: (MUHAMMAD FAHEEM WALI) JUDGE
For the Petitioner: Mr. Gulsadbar, Advocate For
Respondents: Mr. Muhammad Altaf, Advocate Research assistance: Mr. Mazhar Ali Khan, Research & Reference Officer Date of hearing: 12.01.2026
Mst. Saira Noor. V. Nisar Ahmad & Others.
Law: Constitution of Pakistan 1973
Section: 199
Law: West Pakistan Urban Rent Restriction Ordinance 1959.
Section: 2(c)
Law: Transfer of Property Act, 1882
Section: 13
Tagline “A vendor who sells rented property ceases to be its landlord under Section 2(c) of the Rent Ordinance unless a contract to the contrary reserves the right to receive rent or seek possession; once the purchaser assumes the tenancy, the vendor loses locus standi to maintain an eviction petition.” Case Summary After selling the rented property and without reserving any right to receive rent or seek possession, the former owner ceases to be a landlord under Section 2(c) of the West Pakistan Urban Rent Restriction Ordinance, 1959 and lacks locus standi to file an eviction petition; the new owner steps into the landlord's position. ORDER; Muhammad Faheem Wali, J.-The petitioner, Saira Noor, has invoked the constitutional jurisdiction of this Court under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 (Constitution), to call into question the Order dated 28.02.2025 passed by the learned Additional District Judge-III, Charsadda (appellate court), whereby the appeal filed by the petitioner was dismissed and the Order, Judgment and Decree dated 27.05.2023 passed by the learned Senior Civil Judge/Rent Controller, Charssada (Rent Controller) was upheld. Facts of the matter are that the petitioner filed an eviction petition under Section 13 of the West Pakistan Urban Rent Restriction Ordinance, 1959 …