1994 PLP 578 (SCMR)
Ch. HAMID ALI ‑‑‑Petitioner Versus Ch. REHMAT ALI and 5 others‑‑‑Respondents
| Citation | 1994 PLP 578 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Shafiur Rahman, Muhammad Afzal Lone and |
| Parties | Ch. HAMID ALI ‑‑‑Petitioner Versus Ch. REHMAT ALI and 5 others‑‑‑Respondents |
| Primary Law | Transfer of Property Act (IV of 1882)‑‑‑ |
Q1: What are the key laws and sections cited in 1994 PLP 578 (SCMR)?
This judgment primarily cites: Transfer of Property Act (IV of 1882)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 PLP 578 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Shafiur Rahman, Muhammad Afzal Lone and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994 PLP 578 (SCMR) (Ch. HAMID ALI ‑‑‑Petitioner Versus Ch. REHMAT ALI and 5 others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Kowkab Iqbal, Advocate Supreme Court/Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 26th June, 1993.
Headnotes / Summary
(On appeal from the judgment/order of the Lahore High Court Rawalpindi Bench, Rawalpindi dated 29‑3‑1993 passed in C.R. No. 242‑D of 1991). ‑‑‑‑S 113‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Suit for eviction of tenant‑‑‑Acceptance of rent by landlord during pendency of suit for eviction by way of compromise ‑‑‑Effect‑‑‑Landlor's suit for eviction was decreed uptil High Court‑‑‑Leave to appeal was granted to examine evidence on record in the light of contention that landlord having accepted rent during pendency of suit by way of compromise same amounted to waiver of action of ejectment. Messrs Rahman Cotton Factory v. Messrs Nichimen Co. Ltd. PLD 1976 SC 718 ref.
Judgment & Decree
‑‑‑‑S 113‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Suit for eviction of tenant‑‑‑Acceptance of rent by landlord during pendency of suit for eviction by way of compromise ‑‑‑Effect‑‑‑Landlor's suit for eviction was decreed uptil High Court‑‑‑Leave to appeal was granted to examine evidence on record in the light of contention that landlord having accepted rent during pendency of suit by way of compromise same amounted to waiver of action of ejectment. Messrs Rahman Cotton Factory v. Messrs Nichimen Co. Ltd. PLD 1976 SC 718 ref. M. Kowkab Iqbal, Advocate Supreme Court/Advocate‑on‑Record for Petitioner. Nemo for Respondents. Date of hearing: 26th June, 1993. SAJJAD ALI SHAH, J: ‑‑Disputed shops are located in Islamabad and it is submitted that during the pendency of suit for eviction, rent was accepted by respondents/landlords by way of compromise, which amounted to waiver of action of ejectment. Suit was decreed granting eviction against which appeal and revision filed have been dismissed.
2. It is submitted on behalf of petitioner/tenant that in this case in the absence of application of rent law, section 113 of the Transfer of Property Act, 1982 would apply and our attention is drawn to the admission made by Ch. Rehmat Ali, one of the landlords in his deposition, wherein it is mentioned that rent was accepted as compromise had taken place between the parties. In support reliance is placed on PLD 1976' SC 718 (Messrs Rahman Cotton Factory v. Messrs Nichimen Co. Ltd.).
2. Leave is granted to examine the evidence brought on the record in the light of contention mentioned above. Interim order of stay passed earlier shall continue till the disposal of appeal. AA./H‑179/S Leave granted.