| Case ID |
08537714-b41d-49b5-8b55-223bef524afe |
| Body |
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| Case Number |
C.P. No.S-66 of 2009 |
| Decision Date |
Jun 01, 2011 |
| Hearing Date |
May 09, 2011 |
| Decision |
The Sindh High Court ruled in favor of the petitioners, allowing the ejectment petition. The court found that the landlords had established their bona fide need for the premises, as they intended to use it for their partnership business. The evidence showed that the tenant failed to prove payment of rent and conservancy charges, and the construction of a mezzanine floor without consent impaired the property's value. The order of the appellate court was set aside, and the tenant was directed to vacate the premises within 60 days. |
| Summary |
In this case, the Sindh High Court addressed an ejectment petition filed by the landlords against their tenant for non-payment of rent and conservancy charges. The landlords, being the legal heirs of the deceased property owner, sought to establish a showroom for their registered partnership business, Messrs Wasatch Pakistan Trading. The court examined evidence, including the tenant's failure to provide proof of rent payments and the unauthorized construction of a mezzanine floor. The court upheld the landlords' claims of personal bona fide need and ruled in their favor, emphasizing the importance of quality evidence over quantity in legal proceedings. This decision highlights key issues in landlord-tenant disputes under the Sindh Rented Premises Ordinance, particularly regarding eviction based on bona fide needs and the responsibilities of tenants. The ruling reinforces the necessity for tenants to maintain proper documentation of payments and obtain necessary permissions for alterations to rented properties, ensuring compliance with rental agreements and legal obligations. |
| Court |
Sindh High Court
|
| Entities Involved |
Messrs Wasatch Pakistan Trading
|
| Judges |
GHULAM SARWAR KORAI, J
|
| Lawyers |
Ali Mumtaz Shaikh,
Asim Iqbal
|
| Petitioners |
OTHERS,
Mrs. FEROZ AFAQ AHMED
|
| Respondents |
another,
H. M. ISHAQ M. YAQOOB
|
| Citations |
2011 SLD 135,
2011 MLD 1748
|
| Other Citations |
PLD 2003 SC 594,
1993 SCMR 356,
PLD 1958 Privy Council 161,
1985 CLC 3014,
PLD 1986 Kar. 16,
1986 MLD 948,
1988 CLC 1041,
NLR 1990 AC 526,
1991 CLC 1512,
1991 MLD 1377,
1991 CLC 1881,
1992 CLC 2524,
PLD 1994 Pesh. 235,
PLD 1994 Kar. 209,
1997 MLD 98,
2001 MLD 1037,
2003 CLC 504
|
| Laws Involved |
Sindh Rented Premises Ordinance
|
| Sections |
15,
15(2)
|