Home Maxims & Terms Charging of rent from tenant meaning in Urdu
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Charging of rent from tenant

Charging of rent from tenant legal meaning, translation and judicial precedents.

Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)

2013 MLD 1808 FEDERAL-SHARIAT-COURT Judicial Precedent
S. 7Punjab Rented Premises Ordinance (XXI of 2007), S.7West Pakistan Urban Rent Restriction Ordinance (VI of 1959), PreambleSindh Rented Premises Ordinance (XVII of 1979), S. 10Cantonments Rent Restriction Act (XI of 1963), PreambleConstitution of Pakistan, Art.203-DCharging of rent from tenantRepugnancy to Injunctions of Islam

Plea of petitioner, was that verse 22:78 of the Holy Qur'an made it clear that Allah Almighty had commanded human beings- male and female- to earn livelihood by doing work; that it was incumbent upon every person to keep working and eat from only what he earned himself by his own hands, therefore Islamic Shariah did not allow anyone to charge rent from his/her tenant, and that no rent was ever charged by the Holy Prophet or Rightly Guided Caliphs

Validity

According to Muslim jurists contract for rent/lease/ijarah was a valid legal contract which was duly authenticated by the Holy Qu'ran, Sunnah of the Holy Prophet and Ijma

All companions of the Holy Prophet unanimously held that ijarah was a lawful contract, and they themselves practised all lawful forms of such a contract

Plea of petitioner that without personal involvement in labour and hard work, no one was entitled to any remuneration was absolutely without force

Islamic Injunctions regarding permissibility of gift, zakat/ushr, inheritance etc. which conferred rights of ownership upon the recipients without any physical labour or contribution on his/her part were a few examples in such connection, which had duly been approved by the Holy Qur'an and Sunnah of the Holy Prophet

Present Shariat petition was devoid of force and misconceived and was accordingly dismissed.

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Precedents & Case Laws citing "Charging of rent from tenant"

MLD 2013
2013-May-2

2013 M L D 1808

Syed MAQSOOD SHAH BUKHARI — Petitioner Versus FEDERAL GOVERNMENT through Secretary M/o Law and Justice, Islamabad — Respondent

Court: Federal Shariat Court
PLD 1981
Civil Appeals Nos. K/105 to K/108 of 1978, decided on 30th July, 1980.

P L D 1981 Supreme Court I

MUHAMMAD HUSSAIN PATEL‑‑Appellant Versus HABIB WALT MUHAMMAD, ETC.‑Respondents

Court: S. 13(2) (!)‑Interpretation of statutes‑Words and phrases‑word "rent"‑Very loose, by its very nature, and susceptible to diverse interpretations when applied to different situations‑Word "rent" being not defined in statute under consideration, Court falling bark on its definition as given in any other law, held, must restrict itself to definition thereof only in laws part materia.‑Interpretation of statutes‑Words and phrases.
PLD 1987
First Regular Appeal No.1167 of 1984, decided on 2nd July, 1987.

P L D 1987 Karachi 608

RAFIULLAH KHAN‑‑Appellant Versus IQBAL HUSSAIN‑‑Respondent

Court:
CLC 1993
First Rent Appeal No. 321 of 1990, decided on 19th October, 1992.

1993 C L C 528

MRS. Z. SHIRAZEE‑‑‑Appellant Versus ABDUL OADIR ‑‑‑ Respondent

Court: Karachi
MLD 2010
2009-December-7

2010 M L D 356

Khawaja MUHAMMAD ASHFAQ BABA and another — Petitioners Versus MOIZ TAYYAB ALI and 15 others — Respondents

Court: Karachi
PLD 2009
2009-April-17

P L D 2009 Karachi 273

HASAN ALI — Petitioner Versus MUHAMMAD FARHAN AHMED and another-Respondents

Court: High Court
MLD 1995
First Rent Appeals Nos.369 of 1992 and 605 of 1986, decided on 9t1 September, 1990.

1995 M L D 836

IQBAL and 2 others‑‑‑Appellants Versus MUSHTAQ AHMED ‑‑‑Respondent

Court: Karachi
CLC 1984
Writ Petition No. 3948 of 1982, decided on 19th February, 1984.

1984 C L C 969

NAIMAT SIDDIQUE‑Petitioner Versus FAROOQ UMAR AND OTHERS‑Respondents

Court: Lahore
CLC 2000
First Rent Appeal No.586 of 1998, decided on 9th August, 1999.

2000 C L C 1301

through Director‑‑‑Appellant Versus Mrs. SAMEERA HUMAYUN MATIN‑‑‑Respondent

Court: Karachi
MLD 1989
First Rent Appeal No.399 of 1986, decided on 26th February, 1989.

1989 M L D 4529

Syed FAZLE ABBAS — Appellant Versus Syed MAHMOOD HUSSAIN — Respondent

Court: Karachi