| Case ID |
05aa91bb-2f86-447b-ad13-022e6bbc1596 |
| Body |
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| Case Number |
C.P. No. S-324 of 2010 |
| Decision Date |
Apr 02, 2018 |
| Hearing Date |
|
| Decision |
The petition was dismissed as the tenant failed to admit default in rent payment on the first hearing date, thus not qualifying for the benefit of Section 15(2)(ii) of the Sindh Rented Premises Ordinance. The appellate court ruled that the failure to comply with procedural requirements, such as the non-registration of the tenancy agreement, did not warrant the relief sought by the tenant. The court emphasized the limited scope of interference by the High Court under Article 199, confirming the lower courts' findings were not based on misreading of evidence or law. As a result, the concurrent judgments of the lower courts were upheld. |
| Summary |
In the case of C.P. No. S-324 of 2010, heard by the Sindh High Court, the court addressed issues surrounding the Sindh Rented Premises Ordinance (XVII of 1979) and the constitutional jurisdiction under Article 199 of the Constitution of Pakistan. The petitioner, a tenant, contested an eviction order based on claims of delayed rent payments. The court ruled that the tenant's failure to admit default on the first hearing barred them from claiming the benefits of Section 15(2)(ii). The decision reinforced the procedural strictures of the Ordinance, highlighting that non-compliance with registration requirements does not necessarily invalidate the eviction process. This case underscores the importance of timely responses in rental disputes and the limited scope of appellate review in such matters, reflecting broader themes of tenant rights and landlord responsibilities under Pakistani law. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ZULFIQAR AHMAD KHAN
|
| Lawyers |
Naimatullah Soomro,
Aamir Ali Memon
|
| Petitioners |
MUHAMMAD IQBAL MEMON
|
| Respondents |
MST. AZRA BANO THROUGH ATTORNEY AND 2 OTHERS
|
| Citations |
2019 SLD 564,
2019 YLR 715
|
| Other Citations |
1994 SCMR 1012,
1999 SCMR 2771,
2001 SCMR 338,
PLD 2018 SC 81
|
| Laws Involved |
Sindh Rented Premises Ordinance (XVII of 1979),
Constitution of Pakistan, 1973
|
| Sections |
5,
15,
15(2)(ii),
199
|