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Mst. PARVEEN ARA vs MUHAMMAD HANIF S — 2025 PLD 612 SUPREME-COURT

Case information

Citation
2025 PLD 612 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2025
Reporter
PLD
Parties
Mst. PARVEEN ARA vs MUHAMMAD HANIF S
Subject matter
Criminal
Provisions referred to
S. 15-; Sindh Rented Premises Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mst. PARVEEN ARA VS MUHAMMAD HANIF S. 15-a---Limitation act (IX of 1908), First Sched., art. 181---Restoration of possession---Limitation---Principle of laches---applicability---Grievance of appellant/tenant was that after seeking her ejectment from the premises on basis of personal need, the respondent/landlord did not utilize it for his bona fide personal need---Rent Controller allowed the application of appellant/tenant and ordered to restore possession to her but Lower appellate Court and High Court declined to interfere in the ejectment order---Validity---Tenant cannot be given an unlimited period of time to apply under section 15-a of Sindh Rented Premises Ordinance, 1979---Period of one year cannot be construed as a period of limitation for tenant to apply but such right cannot be extended indefinitely at the leisure of tenant---Such application should be preferred within a reasonable period of time and it is for Rent Controller to decide whether the application is hit by laches rather than applying limitation period as provided under residuary article 181 of First Schedule to the Limitation act, 1908---Supreme Court directed to restore possession of premises to appellant/tenant and set aside the orders passed by High Court and Lower appellate Court---appeal was allowed.

Other judgments reported in 2025 PLD

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