| Case ID |
097d88f1-e815-43fe-8ebb-24ec7969d38d |
| Body |
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| Case Number |
First Rent Appeal No. 8 of 1994 |
| Decision Date |
Mar 20, 1996 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the appeal filed by the appellant landlady, Mst. Mobin Khatoon, against the order of the Rent Controller. The Rent Controller had directed the appellant to restore possession of the premises to the respondent, Basharat Ali, after determining that the appellant had failed to demolish and reconstruct the building within the statutory period prescribed by the Sindh Rented Premises Ordinance, 1979. The court noted that the existing structure remained unchanged after the tenant vacated the premises and that the landlady's attorney admitted to conducting business on the property without complying with the ordinance's requirements. Therefore, the findings of the Rent Controller were upheld, and the appeal was deemed to have no merit. |
| Summary |
This case revolves around the application of the Sindh Rented Premises Ordinance, 1979, regarding the ejectment of a tenant and the obligations of the landlady to demolish and reconstruct a building. The appellant, Mst. Mobin Khatoon, sought to regain possession of the premises from Basharat Ali, the tenant, on the grounds of reconstruction. However, the court found that the appellant failed to act within the stipulated time frames and that the tenant's rights were protected under the ordinance. The case highlights the importance of compliance with statutory obligations in landlord-tenant relationships and the legal recourse available to tenants when landlords fail to fulfill their duties. The decision reinforces the protections afforded to tenants under the law, ensuring that landlords cannot unjustly retain possession without adhering to legal requirements. Overall, the case serves as a critical reference for similar disputes and emphasizes the judiciary's role in upholding tenant rights. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
HAMID ALI MIRZA, J
|
| Lawyers |
Zafar Alain Khan for Appellant,
Syed Amjad Hussain for Respondent
|
| Petitioners |
Mst. MOBEEN KHATOON through Legal Heirs
|
| Respondents |
BASHARAT ALI
|
| Citations |
1997 SLD 740,
1997 CLC 1029
|
| Other Citations |
PLD 1982 Kar. 532,
PLD 1983 SC 21,
1995 CLC 602,
1992 SCMR 725,
PLD 1993 Kar. 304
|
| Laws Involved |
Sindh Rented Premises Ordinance, 1979,
West Pakistan Urban Rent Restriction Ordinance, 1959
|
| Sections |
2(a),
15(3),
21,
27,
13(5-A),
13(5-B)
|