Tuesday, 30 June 2015

Procedure to be Adopted by Chairman Arbitration Council

Arbitration Council is an institute which is the central office of all the union councils in a district. It has lots of functions but generally it gets divorce cases which are filed under section 7 and section 8 of Muslim Family Law Ordinance 1961.

Whenever a notice is issued to Chairman Arbitration Council, he/she is bound to accept it if its filed in the proper jurisdiction. Further notices are issued to the other party for reconciliation proceedings. There are three reconciliation proceedings in total at the end of every month.

The parties are at liberty to reconcile during proceedings. If they fail to reconcile during proceedings and 90 days pass by, divorce happens and ultimately divorce certificate is issued. Apart from divorce other decisions on the issues between parties are also made in the proceedings. However implementation of other decisions is only possible through family court,

If you have any queries related with Arbitration council, union council or family laws you can contact internationallawyerinfo@gmail.com

Regards,
Salman Yousaf Khan
Family Lawyer
+92-333-5339880

Wednesday, 24 June 2015

Notification of Diyat for year 2014-2015



For queries related with diyat you can consult internationallawyerinfo@gmail.com

Regards,
Salman Yousaf Khan
Criminal Lawyer
+92-333-5339880


Monday, 22 June 2015

When search warrants may be issued?

A search warrant is issued by magistrate under the provisions of section 96 of Code of Criminal Procedure 1898. The same section is reproduced below:-


96. When search warrant may be issued: 
(1) Where any Court has reason to believe that a person to whom a summons or order under Section 94 or a requisition under Section 95, sub-section (1), has been or might be addressed, will not or would not produce the document or thing as required by such summons or requisition, or where such document or thing is not known to the Court to be in the possession of any person, or where the Court considers that the purposes of any inquiry, trial or other proceedings under this Code will be served by a general search or inspection, it may issue a search-warrant; and the person to whom such warrant is directed, may Search or inspect in accordance therewith and the provision hereinafter contained,

The court further has powers to restrict the search under the provisions of section 97 of the Code of Criminal Procedure 1898.

97. Power to restrict warrant: The Court may, if it thinks fit, specify in the warrant the particular place or part thereof to which only the search or inspection shall extend; and the person charged with the execution of such warrant shall then search or inspect only the place or part so specified.


Similarly in cases where the house is to be searched for the recovery of forged document or any stolen property, the search warrants are issued under the provisions of section 98 of the Code of Criminal Procedure 1898.

98. Search of house suspected to contain stolen property, forged documents, etc.:
(1) If a Magistrate of the First Class, upon information and after such inquiry as he thinks necessary, has reason to believe that any place is used for the deposit or sale of stolen property, or for the deposit or sale or manufacture of forged documents, false seals or counterfeit stamps, [bank notes, currency notes] or coins or instruments or materials for counterfeiting coin or stamps, [bank notes or currency notes] for forging, or that any forged documents, false seals or counterfeit stamps, [bank notes, currency notes] or coins, or instruments or materials for counterfeiting coins or Stamps or [bank notes. currency notes] for forging, are kept or deposited in any place, or for the deposit, sale, manufacture or production of any obscene object such as is referred to in Section 292 of the Pakistan Penal Code or that any such obscene objects are kept or deposited in any place ;
he may by his warrant authorize any police-officer above the rank of a constable-

(a) to enter with such assistance as may he required, such place, and
(b) to search the same in manner specified in the warrant, and .
(c) to take possession of any property, document, seals, stamps or [bank notes, currency notes] or coins therein found which he reasonably suspects to be stolen, unlawfully obtained, forged, false or counterfeit and also of any such instruments and material or of any such obscene objects as aforesaid, and (d) to convey such property, documents, seals, stamps, [bank notes, currency notes], coins, instruments or materials or such obscene objects before a Magistrate, or to guard the same on the spot until the offender is taken before a Magistrate or, otherwise to dispose thereof in some place of safety and (e) to take into custody and carry before a Magistrate every person, found in such place" who appears, to have been privy to the deposit, sale or manufacture or keeping of any such property, documents, seals, stamps, 3o[bank notes, currency notes], coins,
instruments or materials or such obscene objects knowing or having reasonable cause to suspect the said property to have been stolen or otherwise unlawfully obtained or the said documents, seals, stamps, [bank notes, currency notes], coins, instruments or materials to have been forged, falsified or counterfeited, or the said instruments or materials to have been or to be intended to be used for counterfeiting coin or stamps, [bank notes, currency notes] or for forging or the said obscene objects to have been or to be intended to be sold,
let to hire, distributed, publicly exhibited, circulated, imported or exported.
(2) The provisions of this section with respect to-
(a) counterfeit coin,
(b) coin suspected to be counterfeit, and
(c) instruments or materials for counterfeiting coin,
shall so far as they can be made applicable, apply respectively to
(a) pieces of metal made in contravention of the Metal Tokens Act, 1889, or brought into Pakistan in contravention of any notification for the time being in force under Section 16 of the Customs Act, 1969;
(b) pieces of metal suspected to have been so made or to have been so brought, into Pakistan or to be intended to be issued in contravention of the former of those Acts, and
(c) instruments or materials for making pieces of metal in contravention of that Act.

For any queries related with criminal law you can consult at internationallawyerinfo@gmail.com

Regards,
Salman Yousaf Khan (Golra)
Criminal Lawyer
+92-333-5339880

Friday, 19 June 2015

Warasatnama or Legal Heir Certificate

Whenever a person dies he/she lefts legal heirs which include children, parents, spouse and at times siblings, distant kindred, etc.. The division of legatee of deceased is dependent upon the ascendants and descendants alive at the time of death of deceased.

There are two kinds of assets which a person usually leaves. One of them are the movable assets while the other are the immovable assets. Movable assets include bank accounts, shares, financial certificates, automobiles, etc while the immovable assets include the houses, plots, apartments, land and other similar kinds of properties.

The division of assets is not automatically possible. The legal heirs of the deceased have to file a case to obtain Legal Heir Certificate which is also called warasatnama for the distribution of immovable assets. On the other hand there is a succession certificate which is obtained in result of a case filed in the civil court.

In case of succession the legal heirs get themselves declared as successors of the deceased. Once they get such declaration they can obtain their respective shares in the movable properties of the deceased. For further queries you can contact internationallawyerinfo@gmail.com

Regards,
Salman Yousaf Khan
Inheritance Lawyer
+92-333-5339880

Monday, 15 June 2015

A 15 year old child can legally work in Pakistan

According to Article 11 of the constitution of Islamic Republic of Pakistan, a child under the age of 14 years cannot work. Any labour taken from such child comes under the ambit of child labor. However no such restriction is imposed on children above the age of 14 years.

There is no proper definition of child present in any law of Pakistan. Definition of child varies from statute to statute. For example a person cannot be treated as an adult if he/she is under the age of 18 years for the purposes of criminal law. Such child is the subject of Juvenile Justice System Ordinance 2000.

It is not something unique in Pakistan. Many countries in Europe and many states in USA legally allow children to work under the age of 18 years. There is nothing wrong if children under the age of 18 years work on part time bases along with their studies to support their parents and to facilitate themselves.

However, it is need of the time that Government shall make efforts to ensure no child labor is present in the country whereby children under the age of 14 years are working in industries and establishments. For further queries and suggestions contact internationallawyerinfo@gmail.com

Regards,
Salman Yousaf Khan
Constitutional Lawyer
+92-333-5339880 

Sunday, 14 June 2015

An under 18 child is not a subject of child labour

Child labor is not liked anywhere in the world. It is an offence in many countries around the world. However a confusion is that in many countries children under the age of 18 years are allowed to work. They do not fall under the subject of child labour because in such countries the legal age of children allowed to work is less than 18 years.

Pakistan is one of the countries in which a child above the age of 14 years can work. A child under the age of 14 years working for someone comes under the ambit of child labour but not the one working under the age of 18 years.

According to Article 11 (3) of the constitution of Islamic Republic of Pakistan forced labor is under the age of 14 years. The following article is reproduced below:-

11. Slavery, forced labour, etc. prohibited
(1)Slavery is non-existent and forbidden and no law shall permit or facilitate its introduction into Pakistan in any form.
 
(2)All forms of forced labour and traffic in human beings are prohibited.
 
(3)No child below the age of fourteen years shall be engaged in any factory or mine or any other hazardous employment.
 
(4)Nothing in this Article shall be deemed to affect compulsory service:-
(a)by any person undergoing punishment for an offence against any law; or
(b)required by any law for public purpose provided that no compulsory service shall be of a cruel nature or incompatible with human dignity.

For further queries related with child labor contact internationallawyerinfo@gmail.com

Regards,
Salman Yousaf Khan (Golra)
Child Rights Advocate
+92-333-5339880 




Friday, 12 June 2015

Process to obtain NADRA divorce Certificate

NADRA divorce certificate cannot be obtained from NADRA directly ... It is only obtainable from the concerned union council or arbitration where the divorce is processed earlier..

NADRA Divorce Certificate is computerized document which converts a normal divorce certificate into a computerized one..

There is a form to be filled up for getting the NADRA Divorce Certificate. Along with the form copies of CNICs of spouses and divorce certificate are attached..

The process involves a Government fee which varies and the process takes time of almost a week in general ...

For any query related with NADRA certificate you can contact us at internationallawyerinfo@gmail.com

Regards,
Salman Yousaf Khan
Family Law Expert
+92-333-5339880

Reconcilliation after expiry of Iddat is impossible

Once divorce is pronounced to a woman, her iddat period starts ... Iddat period is of 90 days in case of divorce which comprises of three tuhrs of 30 days each ...

There is no chance of reconciliation after 90 days.. The parties are only allowed to reconcile within period of 90 days.. On the expiry of 90 days talaq becomes final ..

The husband and wife becomes prohibited for each other in case of divorce .. The only way after that is halala. In halala the women has to marry another Muslim and lead a natural life afterwards.

In case if the women contracting second marriage naturally becomes a widow or divorced then she can contract marriage with first husband again ..

Regards,
Salman Yousaf Khan (Golra)
Family Law Expert
+92-333-5339880

Monday, 8 June 2015

There is no Iddat in case of no Rukhsati

When a boy and girl contracts Nikah and do not consumate it, there is no Iddat in such a case. Generally speaking Nikah is the ceremony which binds the boy and girl in a relationship of marriage. However, practically after Nikah there is a ceremony of Rukhsati after which the boy takes the girl home and consumate marriage.

In case of divorce there is a period of Iddat which is equal to 3 Tuhrs. As enacted in the law 3 Tuhrs are equal to 90 days time period with one tuhr of 30 days each. A divorced lady has to observe this period of Iddat once divorce is pronounced by her husband. In this period of Iddat the man and wife both are allowed to reconcile marriage.

However, when marriage is not consumated, there is no Iddat. The divorce process do not run for 90 days rather it ends in a single hearing. If you have any divorce related query you can contact internationallawyerinfo@gmail.com

Regards,
Salman Yousaf Khan (Golra)
Family Lawyer
+92-333-5339880

Saturday, 6 June 2015

The Harassment of Women at Workplace Act 2010 is for Formal Sector only

Majority of the women in Pakistan work in the non-formal sector which mostly comprises of Domestic Workers and Home Based Workers. Sadly there is no law at the moment governing their rights anywhere in Pakistan.

The Protection against Harassment of Women at Workplace Act, 2010 is a black law on the other hand with having lots of lacuna and gaps even to entertain the rights of women working in formal sector. This Act was introduced in the year 2010 in result of which Women Ombudsman were created in whole of Pakistan.

The Ombudsman so created lack jurisdiction to entertain complaints directly. They are not headed by Judges with legal knowledge rather ordinary people are appointed to look into the matters of women from formal sector. Similarly these ombudsman do not have further forums of appeal rather a reference against their decisions can be made to the president of Pakistan.

Women from formal sector are not getting adequate relief from Ombudsman created under the Protection Against Harassment of Women at Workplace Act 2010. Similarly women in non formal sector do not have any recognition under the above captioned law. For more on this topic contact internationallawyerinfo@gmail.com

Regards,
Salman Yousaf Khan
Women Rights Advocate
+92-333-5339880

There is no Law for Home Based Workers in Pakistan

There are millions of Homebased workers working in different corners of Pakistan. Most of them are females while in exceptions there are male homebased workers too. Sad dilemma is that there is no law at the moment governing the issues of Home Based Workers anywhere in Pakistan.

There is an International Convention for Home Based Workers of International Labor Organization known as C-177 which was made in 1996. Government of Pakistan has not ratified the same convention till now for its own reasons.

There are several Non Government Organizations trying to convince the Government to recognize Home Based Workers in Pakistan. In the provinces of Punjab and Sindh some work has been done regarding the legislation of Home Based Workers. Infact draft bills have been made and they are under the process of being getting approved from the Parliament and cabinets of the above captioned provinces.

However, sad aspect is that no law in the country recognizes the Home Based Workers till now. Women suffer a lot while working even in home based environments. Neither the Women Ombudsman nor the Labor Courts have jurisdiction to entertain matters regarding home based workers. For more contact internationallawyerinfo@gmail.com

Regards,
Salman Yousaf Khan (Golra)
Women Rights Advocate
+92-333-5339880

Rent Matters Shall be decided in 4 months

The Rent Controller is the judge who has to decided a rent petition filed in his/her court. Rent matters are filed in shape of petitions and the same are responded by persons against whom they are filed. The most common type of rent matter is an eviction petition which is filed by the landlord against the tenant.

There are several grounds against which the tenant can be evicted from the demised premises of the landlord. Rent Matters contain a small trial which is conducted by the rent controller. When the petitioner files a petition in a rent matter, the respondent is bound to file its reply. Once reply is furnished in the court of Rent Controller, issues are framed.

Once issues are framed in a rent matter, evidence of petitioner is taken up. Then cross examination on the same evidence is the next step. Similarly the evidence of respondent is taken up and its subjected to cross examination afterwards. Once evidence is closed, the parties went for final arguments and ultimately the petition gets decided by the Rent Controller.

Rent matters are somewhat similar to civil matters but still the Rent Controller cannot linger up these matters much. He/she is bound to decide the Rent Matters within a stipulated period of four months. For more contact internationallawyerinfo@gmail.com

Regards,
Salman Yousaf Khan (Golra)
Rent Lawyer
+92-333-5339880

Friday, 5 June 2015

Interview Tips for Civil Judges Selection

A person appearing in civil judge selection interview must be:

- Confident 
- Neatly dressed up 
- His/her attitude must show that such person is ready to take all kinds of challenges. 
- Such person shall have patience and a submissive temperament.

Some of the Questions that are frequently asked in interviews are:-
- What is your name? 
- Meaning of name?
- From where do you belong?
- From where you did LLB?

Islamic Questions
- Recite Dua-e-Kanoot
- Namaz-e-Janaza
- 6 Kalmas
- Surah-e-Ikhlas
- Aiman-e-Mufasil and Aiman-e-Mujammil

Legal Questions

- What is Court?
court is an institution that the government sets up to settle disputes through a legal process.

- What is Law?
Law is a system of rules that are enforced through social institutions to govern behaviour. (Wikipedia)

- What is a Judge?
Section 2(8) of CPC "Judge" means the presiding officer of a civil Court

- What is Decree?
CPC Section 2(2) "decree" means the formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the parties which regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint 2[the determination of any question within section 144 and an order under rule 60, 98, 99, 101, or 103 of Order XXI] but shall not include;

- What is Judgment?
CPC Section 2(9) "Judgment" means the statement given by the Judge of the grounds of a decree or order:

- What is order?
Section 2(14) (CPC) "Order" means the formal expression of any decision of a civil Court which is not a decree:

- What is Interlocatory Order?
- What is difference between Appeal and Order?
- What is Judicial Review?
- What is Settlement?
- What is res judicata and res subjudice?
- How to invoke inherent powers of a civil court?
- Under which section a declaratory suit can be filed?
- What is remedy if bail petition is rejected?
- What is principle of Double Jeopardy?
- Actual Possession and Constructive Possession?
- Mandatory and Perpectual Injunction?
- Difference between 340 and 342 Statements?
- Section of Discharge
- Acquittal
- How charge is framed?
- Ingredients of charge?
- Summary Trial
- Grounds of Eviction
- Procedure of Land Acquisition
- Quashment
- Review, Revision and Appeal
- Grounds for second appeal
- 35-A CPC
- How to determine jurisdiction of court?
- ADR
- Article 163 QSO
- Admission and Confession difference?
- Grounds of Khula
- Remedy against khula?
- What kinds of cases family court can entertain?
- Article 120 of Limitation Act
- Asma Jillani Case
- Doctrine of necessity
- Law of Relativity
- Dossu Case
- Talabs in Preemption
- Court fee amount in family cases
- Order 7 rule 11
- Order 7 rule 10
- When second appeal is competent?
- Habeaus Corpus
- Identification Parade
- How documents are proved?
- Proof of Execution
- Primary and Secondary Evidence
- Estopple
- Remedy in case of Partially Performed Contract
- 12-A West Pakistan Family Courts Act, 1964
- What is 497 CRPC
- Remedy in case of rejection of 9-C Bail
- How Charge is Amended?
- How Charge is Framed?
- What is exception of Bail?
- What is Article 13 of Constitution about?
- Under which law Pakistan was Established?
- What is 13/20/65
- What is 107-151
- What is Abatement?
- What is the punishment of Qatl-e-Khata?

- What is Waiver?
The relevant section of PPC in this context is reproduced below:

309.Waiver (Afw) of qisas in qatl-i-amd:
(1)In the case of qatl-i-amd, an adult sane wali may, at any time and without any compensation, waive his right of qisas:
Provided that the right of qisas shall not be waived;
(a)where the Government is the wali, or
(b)where the right of qisas vests in a minor or insane.
(2)Where a victim has more than one Wali any one of them may waive his right of qisas:
Provided that the wali who does not waive the right of qisas shall be entitled to his share of diyat.
(3)Where there are more than one victim, the waiver of the right of qisas by the wali of one victim shall not affect the right of qisas of the wali of the other victim.
(4)Where there are more than one offenders, the waiver of the right of qisas against one offender shall not affect the right of qisas against the other offender.

- Amount of Diyat

It is 19,23,843 for the year 2014-2015. Kindly read the original notification at this link http://www.internationallawyer.info/2015/06/notification-of-diyat-for-year-2014-2015.html

- What is Jurh, Jaifa and Ghair Jaifa?
The relevant sections of PPC explaining the terms are reproduced below:-
337-B.Jurh:
(1)Whoever causes on any part of the body of a person, other than the head or face, a hurt which leaves a mark of the wound, whether temporary or permanent, is said to cause jurh.
(2)Jurh is of two kinds, namely:-
(a)Jaifah ; and
(b)Ghayr-jaifah.
337-C.Jaifah:
Whoever causes jurh in which the injury extends to the body cavity of the trunk, is said to cause jaifah.
337-D.Punishment for jaifah:
Whoever by doing any act with the intention of causing hurt to a person or with the knowledge that he is likely to cause hurt to such person, causes jaifah to such person, shall be liable to arsh which shall be one-third of the diyat and may also be punished with imprisonment of either description for a term which may extend to ten years as ta'zir.
337-E.Ghayr-jaifah:
(1)Whoever causes jurh which does not amount to jaifah, is said to cause ghayr-jaifah.
(2)The following are the kinds of ghayr-faifah, namely:-
(a)damihah
(b)badi'ah
(c)mutalahimah
(d)mudihah
(e)hashimah; and
(f)munaqqilah
(3)Whoever causes ghayr-jaifah—
(i)in which the skin is ruptured and bleeding occurs, is said to cause damiyah;
(ii)by cutting or incising the flesh without exposing the bone, is said to cause badi'ah;
(iii)by lacerating the flesh, is said to cause mutalahimah;
(iv)by exposing the bone, is said to cause mudihah;
(v)by causing fracture of a bone without dislocating it, is said to cause hashimah; and
(vi)by fracturing and dislocating the bone, is said to cause munaqqilah.
337-F.Punishment of ghayr-jaifah:
Whoever by doing any act with the intention of causing hurt to any person, or with the knowledge that he is likely to cause hurt to any person, causes:-
(i)damihah to any person, shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to one year as ta'zir;
(ii)badi'ah to any person, shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to three years as ta'zir;
(iii)mutafahimah to any person, shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to three years as ta'zir;
(iv)mudihah to any person, shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to five years as ta'zir;
(v)hashimah to any person, shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to five years as ta'zir, and
(vi)munaqqilah to any person, shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to seven years as ta'zir.

- Under which section bail before arrest is moved?

Section 498 of Criminal Procedure Code 1898.

- Under which section bail after arrest is moved?

Section 497 of Criminal Procedure Code 1898.

- What is remedy in case if bail is rejected?

Fresh Bail Petition is moved in the appellate court.

- What is exception to Bail?

Section 169 CRPC is exception to bail under which the accused can be discharged on surety given at the police station.

- What is Interpleader Suit?
- What is Limitation to file Written Statement in case of Government Institution?
- How to Amend Written Statement?
- What is framing of Issues?
- What is 426 CRPC
- What is 439 CRPC

- What is 295 PPC
Section 295 of PPC deals with blasphemy. It has further three parts.. The relevant section is reproduced below:-
295.Injuring or defiling place of worship, with Intent to insult the religion of any class:
Whoever destroys, damages or defiles any place of worship, or any object held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction damage or defilement as an insult to their religion. shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

295-A.Deliberate and malicious acts intended to outrage religious feelings of any class by insulting Its religion or religious beliefs:
Whoever, with deliberate and malicious intention of outraging the 'religious feelings of any class of the citizens of Pakistan, by words, either spoken or written, or by visible representations insults the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both.
295-B.Defiling, etc., of Holy Qur'an:
Whoever wilfully defiles, damages or desecrates a copy of the Holy Qur'an or of an extract therefrom or uses it in any derogatory manner or for any unlawful purpose shall be punishable with imprisonment for life.
295-C.Use of derogatory remarks, etc., in respect of the Holy Prophet:
Whoever by words, either spoken or written, or by visible representation or by any imputation, innuendo, or insinuation, directly or indirectly, defiles the sacred name of the Holy Prophet Muhammad (peace be upon him) shall be punished with death, or imprisonment for life, and shall also be liable to fine.

- What are Negotiable instrumentsCheques, Promisory Notes, etc. Kindly read Order XXXVII CPC for more..

- Suit Procedure
It includes filing of plaint, notices, written statement, framing of issues, evidence, cross examination, final arguments, decree and judgment.

- Where it is filed The place where the defendant resides or ordinarily conducts business.

- Does CPC and QSO apply to Family Suits 
Generally Speaking they don't apply but where the Legislation related with Family Courts is silent, the principles of these statutes apply.

- Any other provision or procedure which can b applied other then 10, 11 CPC
Kindly search for exception to Resjudicata and Ressubjudice 

- Section 3 of Limitation Act


- How you will entertain time barred suit?

- 489-f offence person is has to pay 24 lac and is in jail since 8 month whether u will grant bail

- Statutory period of bail in non prohibtory Clause ground for granting bail 

Yes its 7 years according to section 497 CRPC.

For answers you can contact internationallawyerinfo@gmail.com

Regards,
Salman Yousaf Khan (Golra)
Advocate High Court
Passed Judiciary Exam and Interview in 2012

Tuesday, 2 June 2015

Eviction of Tenant in case notice is not served under section 19

2004 S C M R 1852
[Supreme Court of Pakistan]
Present: Nazim Hussain Siddiqui, C.J., Abdul Hameed Dogar and Muhammad Nawaz Abbasi, JJ
SHER JANG---Appellant
Versus
DISTRICT JUDGE, ISLAMABAD and 4 others---Respondents
Civil Appeal No. 1329 of 2003, decided on 7th July, 2004.
(On appeal from the judgment, dated 3-7-2003 passed by Lahore High Court, Rawalpindi Bench in Writ Petition No. 1401 of 2003).
(a) Islamabad Rent Restriction Ordinance (IV of 2000)---
----Ss. 17 & 19---Constitution of Pakistan (1973), Art.185(3) --- Leave to appeal was granted by Supreme Court to consider; whether-the tenant be ordered to be evicted on the ground of default in the payment of rent, even though landlords did not issue notice to the tenant as required by and in the manner laid down by S.19 of Islamabad RentRestrictions Ordinance, 2000; whether there was any inconsistency in various judgments of Supreme Court on the question of notice under S.19 of Islamabad RentRestriction Ordinance, 2000; and whether in absence of a positive finding of contumacy the tenant had been rightly ordered to be evicted without framing and trial of issue of default on merits.
E.A. Evans v. Muhammad Ashraf PLD 1964 SC 536; Major (Recd.) Muhammad Yousuf v. Mehraj-ud-Din and others 1986 SCMR 751 and Malik Safdar Hussain v. Lutuf Ahmad Khan and others 1997 SCMR 567 ref.
(b) Islamabad Rent Restriction Ordinance (IV of 2000)-----
----S. 19---Word `owner' used in S.19 of Islamabad Rent Restriction Ordinance, 2000---Concept---Change of ownership---Mandatory notice to tenant---Scope---In case of change of ownership either by way of sale, gift, inheritance or in any other manner, it is obligatory to send a notice to tenant through registered post and if on receipt of notice the rent due is paid within time specified therein, the tenant is not deemed to have committed any default in payment of rent---Word `owner' used in S.19 of IslamabadRent Restriction Ordinance, 2000, has not limited meaning and encompasses all owners of property who stand in the position of landlord and thus even without formal transfer of property, the real sons and daughters of the owner are deemed to be the owners of the property.
(c) Islamabad Rent Restriction Ordinance (IV of 2000)---
----Ss. 17 & 19---Constitution of Pakistan (1973), Art. 185(3)--­Ejectment of tenant---Wilful default---Failure to give notice under S.19 of Islamabad Rent Restriction Ordinance, 2000---Landlord and tenant relationship---Proof---Landlord transferred the premises in the names of his sons who became owners of the premises ---Ejectment petition was filed against the tenant on the ground of wilful default in payment of monthly rent---Eviction order was passed by Rent Controller and the same was maintained by Appellate Court and High Court---Plea raised by the tenant was that no notice of change of ownership was given to him and he had been depositing the rentwith the previous owner ---Validity--­If no separate notice was given, the ejectment petition itself would be considered a sufficient notice for the purpose of S.19 ofIslamabad Rent Restriction Ordinance, 2000---Supreme Court while granting leave in the present case stayed eviction of tenant and directed him to deposit the agreed rentupto the date with Rent Controller and further directed the tenant to deposit future monthly rent as per law but the tenant had not deposited the rent for the period prior to the institution of ejectment petition and thus the conduct of tenant in denying relationship of landlord and tenant and non-payment of rent as per direction of Supreme Court was contumacious---Tenant having not deposited the rent and not willingly accepting the respondents as landlords would not be entitled to any discretionary relief---Tenant failed to establish that he was not defaulter in terms of S.17 of Islamabad RentRestriction Ordinance, 2000---High Court in exercise of Constitutional jurisdiction had rightly exercised discretion in upholding ejectment of the tenant and judgment being not against any law or principle of law, did not call for any interference---Leave to appeal was refused.
Syed Azhar Imam Rizvi v. Mst. Salma Khatoon 1985 SCMR 24, Miss Abida Riasat Rizvi v. Philomena Mathew and 4 others PLD 1994 SC 452 and Malik Safdar Hussain v. Lutuf Ahmad Khan and others 1997 SCMR 567 ref.
Ibad-ur-Rehman Lodhi, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record (absent) for Appellant.
Abdur Rashid Awan, Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record for Respondents Nos.3 to 5.
Date of hearing; 7th July, 2004.
JUDGMENT
MUHAMMAD NAWAZ ABBASI, J.---------This appeal with the leave of the Court is directed against the judgment, dated 3-7-2003 passed by a learned Single Judge of Lahore, High Court, Rawalpindi Bench; Rawalpindi in a Constitution petition. The leave in the appeal was granted vide order, dated 10-9-2003 as under:---
"Leave to appeal is granted to consider the following' questions:---
(i)Can the petitioner-tenant be ordered to be evicted on the ground of default in the payment of rent, even though admittedly respondents-landlords did not issue the notice to the petitioner as, required by and in the manner laid down by section 19 of theIslamabad Rent Restrictions Ordinance, IV of 2000?
(ii)Is there any inconsistency in the various judgments of this Court on the above question? Some of the referred judgments are E.A. Evans v. Muhammad Ashraf PLD 1964 SC 536, Major (Retd.), Muhammad Yousuf v. Mehraj-ud-Din and others 1986 SCMR 751 and Malik Safdar Hussain v. Lutuf Ahmad Khan and others 1997 SCMR 567. The alleged inconsistency needs to be settled.
(iii)In the absence of a positive finding of contumacy, has the petitioner-tenant been rightly ordered to be evicted, without framing and trial of issue of default on merits?
2.In the meanwhile eviction of the petitioner is stayed. He is however, directed to deposit the agreed rent up to date with the Rent Controller, Islamabad on or before 30-9-2003 and continue to deposit the future monthly rent, as per law. The deposited amount will not be paid by Rent Controller without orders from this Court.' Non-deposit will render the petitioner' liable to straightaway eviction. "
2. The relevant facts in the background are that property bearing Uo.26, I&T Centre, G9/4, Islamabad, was owned by Najeebullah Khan, father of the respondents Nos.4 and 5 and the appellant was in its occupation as tenant at the rate of monthly rent of Rs.15,000 for two shops bearing Nos.7 and 8 and Rs.2,000 for the residential flat. The said respondents, in the year 2002, filed a petition under section 17 of the IslamabadRent Restriction Ordinance, 2001 for. ejectment of the appellant from the premises on the ground of default in payment of rent nor the period after 1-6-2001. The appellant denied the relationship of landlord and tenant on the ground of non service of the notice under section 19 of the Islamabad Rent Restriction Ordinance, 2001. The appellant also contested the ejectment petition on merits and pleaded that he payment of rent for the period mentioned in the ejectment petition vas made to Najeebullah, the owner of the property but it being oral tenancy, he was not regularly issuing the receipts. The appellant, however, for future, was ready to accept the respondents as the landlords of the property and to pay the rent to them accordingly. The learned Rent controller, having framed the preliminary issue regarding the existence of relationship of landlord and tenant between the parties, recorded the evidence and ultimately while holding that the relationship of landlord ad tenant was in existence between the parties, allowed the ejectment petition; vide order, dated 21-10-2003 and directed the appellant to handover the vacant possession of. the premises. The ejectment order passed by the RentController was further upheld by the District Judge, Islamabad, in appeal preferred by the appellant, vide judgment, dated 12-5-2003. The appellant invoked the Constitutional jurisdiction of the High Court in the matter and a learned Single Judge of the High Court, vide judgment, dated 3-7-2003, dismissed the writ petition with direction to the appellant to vacate the premises before 31-8-2003.
3. Learned counsel for the appellant has raised the following contentions in support of this appeal:---
(a)Without the service of notice under section 19 of Islamabad Rent Restriction Ordinance, 2001 through registered post on change of ownership of the premises, the new owner cannot seek ejectment of the tenant on the ground of default under section 17 of the above Ordinance.
(b)That admittedly no notice under section 19 (ibid), was served upon the appellant and in absence of such a notice the ejectment on the ground of default was illegal.
(c)The rent due was paid by the appellant to the ex-owner and the future rent was deposited with the Rent Controller under the direction of this Court, therefore, the denial of relationship of landlord and tenant for want of notice under section 19 of IslamabadRent Restriction Ordinance, 2001 would not entail the penalty of ejectment and the appellant would become tenant of new owner from the date of filing of ejectment petition. The learned counsel while placing reliance on E.A. Evans v. Muhammad Ashraf PLD 1964 SC 536 contended that the Rent Controller and the Appellate Court as well as the High Court, having taken wrong view of the matter, have failed to appreciate the correct legal position.
4. The main issue in the present case relates to the protection provided to a tenant under section 19 of Islamabad Rent Restriction. Ordinance, 2001. Section 19 is read as under:---
"19. Tenant to be informed in case of transfer of ownership. ---Where the ownership of a building or rented land in the possession of a tenant has been transferred by way of sale, gift, inheritance or in any other mode or manner whatsoever, the new owner shall send and intimation of such transfer in writing by registered post to the tenant of such building or rented land and the tenant shall not be deemed to have defaulted in the payment of rent for the purposes of clause (i) of subsection (2) of section 17 if the rentdue is paid within thirty days from the date when the intimation should, in the normal course, have reached the tenant."
5. The learned counsel for the respondents has forcefully argue that the appellant had knowledge of the change of ownership and notwithstanding the service of a notice under section 19 ibid, the ejectment petition itself would be treated a sufficient notice. The appellant even after service in the ejectment petition, neither paid rent to the respondents nor deposited the same in the Court of Rent Controller for the period mentioned in the ejectment petition. The rent deposited for the subsequent period under the direction of this Court, would not improve the case of appellant and even in compliance of the order of this Court, the rent was not deposited for the period prior to the filing of ejectment petition. The learned counsel while placing reliance on Syed Azhar Imam Rizvi v. Mst. Salma Khatoon 1985 SCMR 24, Miss Abida Riasat Rizvi v. Philomena Mathew and 4 others PLD 1994 Supreme Court 452, Malik Safdar Hussain v. Lutuf Ahmad Khan and others 1997 SCMR 567 and Major (Recd.) Muhammad Yousaf v. Mehraj-ud-Din and others 1986 SCMR 751 has submitted that the ejectment of appellant was unquestionable.
6. The perusal of section 19 of Islamabad Rent Restriction Ordinance, 2001 indicates that in case of change of ownership either by way of sale, gift, inheritance or in any other manner, it is obligatory to send a notice to the tenant through registered post and if on receipt of notice the rent due is paid within time specified therein, the tenant is not deemed to have committed any default in payment of rent. The word 'owner' used in section 19 of Islamabad Rent Restriction Ordinance, 2001 has not the limited meaning and encompasses all owners of property who stand in the position of landlord and thus even without formal transfer of property, the respondents Nos.4 and 5 being real son and daughter of Najeebullah, would be deemed to be the owners of property. Be that as it may, the tenancy in the present case being not statutory tenancy, the law laid down by this Court in E.A. Evans v. Muhammad Ashraf PLD 1964 SC 536 with reference to section 30 of Displaced Persons (Compensation and Rehabilitation) Act, 1958, would not be applicable. In the present case, admittedly the respondents filed an ejectment petition on the ground of default in payment of rent for the period after 1-6-2001 without giving notice under section 19 ibid and the appellant denied the relationship of landlord and tenant on the strength of said section, without payment of rent either to the respondent or through deposit in Court even for the period subsequent to the filing of ejectment petition and for the first time made part deposit of rent under the direction of this Court. Najeebullah Khan, the original owner and landlord, while appearing in the Court of Rent Controller, as witness has categorically stated that he having transferred the property in the name of respondents, had informed the appellant and that the rent of the premises for the period after June, 2001 was outstanding. The appellant did not appear in the witness-box to make a statement in rebuttal and the witness, who appeared on his behalf, had no direct knowledge of the correct factual position. The appellant denied the relationship of landlord and tenant on the plea that the property was owned by Najeebullah and on change of ownership, without giving notice under section 19 of Islamabad Rent Restriction Ordinance, 2001, the ground of default was not available to the respondents for his eviction. The appellant admittedly was tenant of Najeebullah father of respondents Nos.4 and 5 who subsequently, having transferred the property in their names, was still managing the affairs of property and the appellant also ultimately accepted respondents Nos.4 and 5 as owner of the property, therefore, he would be estopped by his conduct from willfully denying the relationship of landlord and tenant. We, in the given facts, without dilating further on the issue of notice under section 19 of above Ordinance hold that if no separate notice in terms of the above provisions was given, the ejectment petition itself would be considered a sufficient notice for the purpose of section 19 of Islamabad Rent Restriction Ordinance, 2001. This Court while granting leave in this appeal stayed the eviction of appellant and directed him to deposit the agreed rent up to the date with Rent Controller, Islamabad, on or before 30-9-2003 and continue to deposit the future monthly rent as per law but the learned counsel for the respondents has informed us that the appellant has not deposited the rent for the period prior to the institution of ejectment petition and thus the conduct of appellant in denying relationship of landlord and tenant and non payment of rent as per direction of this Court, was contumacious. The appellant having not deposited the rent and not willingly accepting the respondents as landlords, would not be entitled to any discretionary relief. The learned counsel for the appellant has not been able to satisfy us that appellant was not defaulter in terms of section 17 ofIslamabad Rent Restriction Ordinance, 2001.
7. We having heard the leaned counsel for the parties and gone through the record with their assistance find that the High Court in exercise of its Constitutional jurisdiction has rightly exercised discretion in upholding ejectment of appellant and the impugned judgment being not against any law or principle of law, would call no interference.
8. The upshot of above discussion is that this appeal fails and the same is accordingly dismissed with no order as to costs. The appellant is however, granted three months time to vacate the premises subject to payment of rent in advance within 15 days.
M.H./S-46/SAppeal dismissed.

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