IFTIKHAR UD DIN (decd.) vs ASKARI BANK LIMITED S — 2025 SCMR 1649 SUPREME-COURT

Case information

Citation: 2025 SCMR 1649 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: IFTIKHAR UD DIN (decd.) vs ASKARI BANK LIMITED S
Subject matter: Rent
Provisions referred to: S. 17---E

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

IFTIKHAR UD DIN (decd.) VS ASKARI BANK LIMITED S. 17---Ejectment of tenant---Default---Payment of rent---Proof---Adjustment of loan---Tentative Rent Order---Non-compliance---Effect---Appellants/landlords were aggrieved of setting aside of ejectment order against respondents/tenants---Plea raised by respondents/tenants was that rent was being adjusted towards payment of loan by predecessor-in-interest of appellants/landlords---Validity---No documentary evidence to such effect was produced before the Courts below, which otherwise was sufficient to establish the willful default in payment of rent for period in question---Non-compliance of Tentative Rent Order itself was sufficient ground for ejectment of appellants / tenants without further inquiry into merits as it had constituted willful default---High Court passed its judgment without appreciating factual position and evidence produced by parties in support of their respective claims and had misdirected itself while setting aside order passed by Rent Controller on the issue of default in payment of rent, nor could appreciate the effect of non-compliance of Tentative Rent Order passed---Supreme Court set aside judgment passed by High Court on the ground of default in payment of rent and judgment of Rent Controller was upheld---Appeal was allowed.

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