| Case ID |
04de7f8d-4bd7-46f9-b66d-ff28fe1a37b2 |
| Body |
View case body. Login to View |
| Case Number |
First Rent Appeal No. 44 of 1991 |
| Decision Date |
Sep 22, 1997 |
| Hearing Date |
|
| Decision |
The application for review of the order was dismissed as it was deemed not maintainable. The applicant failed to establish a mistake apparent on the record and sought to review the entire material available, which was not permissible under the law. The court emphasized that the grounds for recalling an order must be incidental or procedural, and not based on merits at this pre-evidence stage. The court reiterated that only a tenant or someone in occupation through a tenant could challenge an eviction order under the relevant sections of the Civil Procedure Code. |
| Summary |
In the case of First Rent Appeal No. 44 of 1991, the Sindh High Court addressed an application for review under the Civil Procedure Code and the Sindh Rented Premises Ordinance. The court highlighted that the application was not maintainable as the applicant was not a tenant. The ruling emphasized the importance of adhering to procedural laws when seeking a review, stating that the grounds for review must be specific and not merely a re-examination of the case merits. This case underscores the need for clarity in tenant rights and the proper channels for contesting eviction orders, particularly under the provisions of the Sindh Rented Premises Ordinance. It serves as a crucial reference for future cases involving tenant disputes and the grounds for application reviews, establishing a precedent in the legal framework governing rented premises. The decision is pivotal for understanding the limitations of review applications within the context of tenancy law, ensuring that only those with legitimate standing may appeal eviction orders, thus safeguarding tenant rights. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
RANA BHAGWAN DAS
|
| Lawyers |
Jhamat Jethanand,
Shamsuddin Memon
|
| Petitioners |
GUL MUHAMMAD INTERVENOR
|
| Respondents |
GUL MUHAMMAD ALIAS MUHAMMAD ABBAS
|
| Citations |
1998 SLD 1219,
1998 PLD 55
|
| Other Citations |
Muzaffar Ali v. Muhammad Shafi PLD 1981 SC 94,
Ainul Haque v. Shahid Ahmed Perwaiz 1984 CLC 47,
Hussain Bux v. Settlement Commissioner, Rawalpindi PLD 1970 SC 1,
Khalida Begum v. Mst. Amtul Baqi 1988 CLC 306,
Mst. Rashid Jehan v. Muhammad Ashfaq 1991 MLD 2619,
Evacuee Trust Property Board v. Sh. Hameed Elahi PLD 1981 SC 108,
Mst. Fehmida Begum v. Muhammad Khalid 1992 SCMR 1908,
Mir Salahuddin v. Qazi Zaheeruddin PLD 1988 SC 221,
Muhammad Hussain Tahir v. Ashfaq Hussain 1989 SCMR 258,
Muhammad Saeed v. Indico Paint Colour and Varnish Co. PLD 1995 Kar. 25
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Sindh Rented Premises Ordinance (XVII of 1979)
|
| Sections |
12(2),
O.XLVII, R.1,
20
|