Malik DIN MUHAMMAD vs BASHIR AHMAD BHATTI
This matter came before the Supreme Court of Pakistan as a petition for leave to appeal concerning the eviction of a tenant from demised premises. During the proceedings, the petitioner, through counsel, expressed an intention to vacate the premises upon the completion of his own house, which was expected within approximately six months. The core legal question addressed was whether the court could facilitate a consensual resolution regarding the timeline for the surrender of vacant possession of the property. The Court recorded the consent of both parties, whereby the respondent agreed to allow the petitioner to remain in the premises until a specified future date. Consequently, the Court dismissed the petition while granting the petitioner time until 30th September, 1980, to hand over vacant possession, subject to the petitioner's undertaking to continue paying monthly rent. This judgment reinforces the principle that appellate courts may dispose of petitions by recording mutual consent arrangements between landlords and tenants regarding eviction timelines, provided the parties voluntarily agree to the terms and conditions stipulated therein.
- Can the Supreme Court dispose of a petition for leave to appeal based on a mutual consent agreement between the parties regarding eviction?
- Is a tenant required to continue paying monthly rent during an extended period granted by the court for vacating premises?
ORDER
1. ' DORAB PATEL, J.---After some arguments, Mr. Maqbul Ilahi Malik stated that the petitioner was building his own house which would be ready in about six months' time and that the petitioner would not press the petition if he was given time uptil the end of September, 1980 to vacate the demised premises. The respondent has filed a caveat and his learned counsel stated that he would have no objection if the petitioner stayed on in the demised premises until the end of September, 1980. In these, circumstances, we dismiss the petition, but by consent we grant the petitioner time upto 30th September, 1980 to hand over vacant possession of the demised premises to the respondent. The petitioner undertakes to deposit the monthly rent until he vacates the demised premises.