Messrs MADINA MILK AND GHEE STORE vs SADIQ ALI PATWA
This matter comes before the Supreme Court of Pakistan upon a petition for leave to appeal arising from a landlord-tenant dispute. The core legal question raised is whether a tenant can be held guilty as a defaulter in the payment of rent when the claimed rent is admittedly time-barred. The Court held that the submission regarding time-barred rent deserves consideration and granted leave to appeal. Consequently, the Court laid down the principle that the debatable issue of whether non-payment of time-barred rent constitutes default warrants a full hearing on appeal, during which conditional protection from eviction is granted subject to the continued deposit of rent in court.
- Can a tenant be held guilty as a defaulter in the payment of rent if the rent in question is time-barred?
- Whether leave to appeal should be granted when a substantial question regarding time-barred rent arrears arises?
ORDER
1. ABDUL KADIR SHAIKHJ.--It is submitted that petitioner cannot be held guilty as defaulter in payment of rent which was admittedly time-barred. This submission amongst others deserves consideration.
2. Leave is granted. Security Rs.2,000.
3. Appeal will be heard on the present record, but it is open to the parties to file additional documents, if any.
4. Petitioner shall not be evicted from the demised premises till the appeal is decided, provided he continues to deposit rent in Court.
Cited by 1 case
- SH. SALAHUDDIN vs SHAUKAT UMAR And 2 Other 1987 SCMR 648