HABIBULLAH KHAN Versus PROVINCE OF WEST PAKISTAN
This matter arises from three consolidated appeals concerning the ejectment of tenants from three shops under the West Pakistan Urban Rent Restriction Ordinance, 1959, on the ground of reconstruction. The Rent Controller ordered ejectment, but the Additional District Judge reversed the decision, and the High Court subsequently dismissed the landlords' second appeals and Letters Patent Appeals. Upon granting leave to appeal, the Supreme Court of Pakistan recorded a compromise reached between the parties during the hearing. The Court held that the appeals be decided in terms of the compromise, whereby the tenants agreed to vacate the premises within one month for reconstruction, and the landlords undertook to complete reconstruction within four months and relet the newly constructed shops to the respective respondents pursuant to section 13(5-B) of the Ordinance, with rent to be fixed by the Rent Controller. The key principle laid down is that parties can settle urban rent disputes by mutual compromise before the apex court, binding them to statutory obligations of reletting reconstructed premises.
- Whether an order for ejectment on the ground of reconstruction can be resolved through a compromise in the Supreme Court?
- What are the obligations of a landlord who obtains ejectment of tenants for reconstruction under the West Pakistan Urban Rent Restriction Ordinance, 1959?
- How is the rent of newly reconstructed premises to be determined upon reletting to the previous tenants?
- Section 13, West Pakistan Urban Rent Restriction Ordinance 1959
- Section 13(5-B), West Pakistan Urban Rent Restriction Ordinance 1959
ORDER
1. MUHAMMAD AKRAM, J .‑The dispute in these three appeals relates to the three shops situated in Block No. 10, Rail Bazar, Jhang. The property is owned by Manzoor Hussain and Muhammad Tahir appellants. They filed separate applications against the respective respondents in the three cases for their ejectments from the three shops under section 13 of the West Pakistan Urban Rent Restriction Ordinance, 1959 on the ground that they wanted to reconstruct the three shops after demolition for which they had already obtained the sanction from the Municipal Committee, Jhang. After hearing, the Rent Controller, Jhang allowed the three applications before him on the 29th November, 1963 and ordered the ejectments of the respective respondents from the premises. But the order was reversed on separate appeals of the respective respondents accepted by the Additional District Judge, Jhang on the 24th February, 1966. Dissatisfied, the appellants went up in three second appeals against the order. On the 3rd April, 1968, a learned Judge of the then High Court of the West Pakistan rejected the appeals before him. This led to three Letters Patent Appeals filed by the appellants herein against the order of the learned Single Judge. On the 5th June, 1968, a Division Bench dismissed the three appeals before it.
2. In these circumstances, the appellants filed three separate petitions for special leave to appeal in this Court from the order of the Letters Patent Bench. On the 14th February 1969, this Court granted leave to appeal to the appellants in all the three cases.
3. During the course of the arguments addressed before us, the parties arrived at a compromise. In pursuance to this compromise, Manzoor Hussain and Mohammad Tahir appellants have agreed that they shall relet the three shops after reconstruction to the respective respondents as required b section 13 (5‑B) of the Ordinance. Two of the respondents, who are present, undertake to vacate and surrender possession of the premises in dispute within one month to enable the appellants to reconstruct them. The sum order will also apply to the third respondent, who is not present today. The appellants will complete the reconstruction of the three shops at the site in a period of four months from the date of the delivery of the possession of the premises to them by the respondents and offer the possession of the newly reconstructed shops to the respective respondents as tenants under them: The Rent Controller will fix the rent of the newly constructed shops accordance with law. Till then the appellants shall not be entitled either t occupy the shops themselves or to lease them out to others. These appeals are allowed in the above terms. No order as to costs.
4. Order accordingly.