| Citation(s) |
|---|
| 2004 SLG 1298 2004 SLD 1298 2004 SCMR 1852 |
Supreme Court of Pakistan
Civil Appeal No. 1329 of 2003, decision dated: 7-07-2004.(On appeal from the judgment, dated 3-7-2003 passed by Lahore High Court, Rawalpindi Bench in Writ Petition No. 1401 of 2003)
NAZIM HUSSAIN SIDDIQUI, C.J., ABDUL HAMEED DOGAR AND MUHAMMAD NAWAZ ABBASI, JJ
Ibad-ur-Rehman Lodhi, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record (absent) for Appellant. Abdur Rashid Awan, Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record for
Respondents Nos.3 to 5
Civil Appeal No. 1329 of 2003, decision dated: 7-07-2004.(On appeal from the judgment, dated 3-7-2003 passed by Lahore High Court, Rawalpindi Bench in Writ Petition No. 1401 of 2003)
NAZIM HUSSAIN SIDDIQUI, C.J., ABDUL HAMEED DOGAR AND MUHAMMAD NAWAZ ABBASI, JJ
Ibad-ur-Rehman Lodhi, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record (absent) for Appellant. Abdur Rashid Awan, Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record for
Respondents Nos.3 to 5
SHER JANG
VS
DISTRICT JUDGE, ISLAMABAD and 4 others
Law:
Section:
(a) Islamabad Rent Restriction Ordinance (IV of 2000)---Ss. 17 & 19---Constitution of Pakistan (1973), Art.185(3) --- Leave to appeal was granted by Supreme Court to consider; whether-the tenant be ordered to be evicted on the ground of default in the payment of rent, even though landlords did not issue notice to the tenant as required by and in the manner laid down by S.19 of Islamabad Rent Restrictions Ordinance, 2000; whether there was any inconsistency in various s of Supreme Court on the question of notice under S.19 of Islamabad Rent Restriction Ordinance, 2000; and whether in absence of a positive finding of contumacy the tenant had been rightly ordered to be evicted without framing and trial of issue of default on merits. E.A. Evans v. Muhammad Ashraf PLD 1964 SC 536; Major (Recd.) Muhammad Yousuf v. Mehraj-ud-Din and others 1986 SCMR 751 and Malik Safdar Hussain v. Lutuf Ahmad Khan and others 1997 SCMR 567 ref. (b) Islamabad Rent Restriction Ordinance (IV of 2000)----- ----S. 19---Word `owner' used in S.19 of Islamabad Rent Restriction Ordinance, 2000---Concept---Change of ownership---Mandatory notice to tenant---Scope---In case of change of ownership either by way of sale, gift, inheritance or in any other manner, it is obligatory to send a notice to tenant through registered post and if on receipt of notice the rent due is paid within time specified therein, the tenant is not deemed to have committed any default in payment of rent---Word `owner' used in S.19 of Islamabad Rent Restriction Ordinance, 2000, has not limited meaning and encompasses all owners of property who stand in the position of landlord and thus even without formal transfer of property, the real sons and daughters of the owner are deemed to be the owners of the property. (c) Islamabad Rent Restriction Ordinance (IV of 2000)--- ----Ss. 17 & 19---Constitution of Pakistan (1973), Art. 185(3)--¬Ejectment of tenant---Wilful default---Failure to give notice under S.19 of Islamabad Rent Restriction Ordinance, 2000---Landlord and tenant relationship---Proof---Landlord transferred the premises in the names of his sons who became owners of the premises ---Ejectment petition was filed…
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