| Case ID |
0450e177-6817-47c8-9806-0add5e6e84ce |
| Body |
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| Case Number |
F.RA. No. 855 of 1988 |
| Decision Date |
Apr 17, 1990 |
| Hearing Date |
Apr 09, 1990 |
| Decision |
The appeal was dismissed on the grounds that the Rent Controller had sufficient evidence to establish the landlord-tenant relationship. The objection regarding the non-service of notice was found to be without substance as the filing of the ejectment application constituted a notice of change of ownership. The court reiterated the validity of the oral gift and the title documents presented by the respondent, affirming that the appellant's claims were baseless and lacked merit. |
| Summary |
In the case of F.RA. No. 855 of 1988, the Sindh High Court addressed an appeal regarding the eviction of a tenant under the Sindh Rented Premises Ordinance, 1979. The central issue was the relationship of landlord and tenant, with the appellant contesting the validity of the eviction notice and the underlying gift deed. The court examined the evidence presented, including title documents and previous decisions, ultimately concluding that the Rent Controller's decision was sound. The ruling emphasized the importance of proper notice and established that the filing of the ejectment application served as adequate notification of ownership change. This case highlights the complexities of landlord-tenant disputes and the legal ramifications of eviction proceedings in Pakistan, particularly under the Sindh Rented Premises Ordinance, which governs such matters. The decision reaffirms the necessity for tenants to adhere to legal obligations regarding rent payments and the consequences of failing to do so, setting a precedent for similar cases in the future. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD MAZIIAR ALI, J
|
| Lawyers |
Mr. Moinuddin Ahmad,
Mr. Nisarally
|
| Petitioners |
MUHAMMAD YAMEENULLAH PERVEZ MALIK
|
| Respondents |
Mrs. SYEDA HABIBA RIZVI
|
| Citations |
1990 SLD 139,
1990 PLJ 498
|
| Other Citations |
PLD 1988 SC 734,
PLD 1989 SC 353,
1985 SCMR 24,
1986 SCMR 751
|
| Laws Involved |
Sindh Removal from Service (Special Powers) Ordinance, 2000,
Sind Rented Premises Ordinance, 1979
|
| Sections |
16(2),
18,
16(2),
18
|