Ch. HAMID ALI vs Ch. REHMAT ALI and 5 others
This matter arises from an eviction suit concerning disputed shops located in Islamabad, where the tenant contended that the acceptance of rent by the landlords during the pendency of the suit constituted a compromise amounting to a waiver of the ejectment action. The trial court decreed eviction, and subsequent appeals and revisions filed by the tenant were dismissed. In the Supreme Court, the petitioner argued that in the absence of applicable rent laws, section 113 of the Transfer of Property Act applied, supported by an admission in the landlord's deposition regarding rent acceptance pursuant to a compromise, relying on established precedent. The core legal question concerned the effect of accepting rent during eviction proceedings and whether it amounted to a waiver of the ejectment action under the governing law. The Supreme Court granted leave to appeal to examine the evidence on record in light of this contention and ordered that the interim stay order continue pending the disposal of the appeal. The principle highlighted relates to the evaluation of waiver and compromise in tenancy disputes.
- Does the acceptance of rent by a landlord during the pendency of an eviction suit amount to a waiver of the ejectment action?
- Whether section 113 of the Transfer of Property Act 1982 applies in the absence of specific rent laws in Islamabad?
- Can an admission made in a deposition regarding a compromise between landlord and tenant affect eviction proceedings?
- Section 113, Transfer of Property Act 1982
ORDER
' 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 A light of contention mentioned above. Interim order of stay passed earlier shall continue till the disposal of appeal.