SC decries decades-long delay in rent cases

Says courts must ensure proceedings do not become endless litigation

ISLAMABAD:

The Supreme Court has expressed serious concern over the prolonged delay in the adjudication of rent disputes, observing that a matter falling within the jurisdiction of a Rent Controller had remained pending for almost three decades, defeating the very purpose of rent laws.

A three-member bench headed by Justice Muhammad Ali Mazhar issued the seven-page judgment, authored by Justice Shahid Bilal Hassan, while upholding a Lahore High Court (LHC) judgment concerning possession of a house in Lahore.

"We must express our concern over the manner in which a dispute falling within the summary jurisdiction of the Rent Controller remained pending for almost three decades," the verdict stated.

The court observed that rent statutes constitute a special legal framework designed to ensure the swift and inexpensive resolution of disputes relating to tenancy and possession.

"When proceedings of such nature are permitted to stroll through successive applications, revisions and appeals for decades, the very purpose for which the legislature carved out a special summary forum stands frustrated," the judgment said.

The bench emphasized that courts have a corresponding duty to ensure that rent proceedings are not transformed into endless civil litigation through dilatory tactics or abuse of the judicial process.

The judgment further observed that delays in such cases not only prejudice the parties involved but also undermine public confidence in the administration of justice.

"Therefore, the timespan provided under law for concluding a lis has to be adhered to and unnecessary adjournments as well as applications based on mala fide intentions should and must not be encouraged; rather strict action thereon must be taken," the court held.

The Supreme Court upheld the LHC's July 23, 2015 judgment, along with the concurrent findings and orders passed by the courts below. The court found that the appellants, through persistent negligence and repeated abuse of the judicial process, had compelled the respondent to engage in avoidable and protracted litigation spanning more than two decades.

"Such conduct does not deserve any favourable indulgence, but rather exemplary action," the judgment stated.

Accordingly, the court imposed litigation costs of Rs200,000 on the appellants, directing them to pay the amount to the respondent within 30 days of the judgment. It ruled that if the amount is not paid within that period, it shall be recoverable as arrears of land revenue in accordance with the law.

Referring to the conduct of the appellants during the proceedings, the SC noted that the record demonstrated they had repeatedly been afforded opportunities to contest the case but consistently failed to avail themselves of those opportunities with due diligence.

"Their own conduct disentitles them from invoking the equitable jurisdiction of this Court," it said.

The bench concluded that the findings recorded by the trial court, as affirmed by the LHC, called for no interference by the SC and dismissed the appeal while maintaining the orders of the courts below.