| Case ID |
09f935ec-a100-4d94-b3b8-4e8c4dd6596d |
| Body |
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| Case Number |
Constitutional Petition No.S-948 of 2014 |
| Decision Date |
Dec 22, 2020 |
| Hearing Date |
|
| Decision |
The Sindh High Court upheld the order of the Rent Controller, allowing the ejectment of Mst. Aqeela Begum based on non-compliance with the Rent Controller's orders under Section 16 of the Sindh Rented Premises Ordinance, 1979. The appellate court's judgment that directed the Rent Controller to record evidence and decide the case on merits was set aside. The petitioner was granted 120 days to vacate the premises while continuing to pay monthly rent. The court emphasized that the landlord's application for rent was lawful, irrespective of the grounds stated in the eviction petition. |
| Summary |
This case revolves around the eviction proceedings initiated by the landlord, Tayaba Jama Masjid Trust Saudabad, against their tenant, Mst. Aqeela Begum, under the Sindh Rented Premises Ordinance, 1979. The landlord filed for ejectment due to non-compliance with the Rent Controller's orders regarding rent payment. The court examined the implications of Sections 15 and 16 of the Ordinance, particularly focusing on the landlord's right to seek arrears and future rent while highlighting the importance of adhering to procedural requirements. The High Court ultimately upheld the Rent Controller's decision, underscoring the significance of compliance with rent regulations and the lawful eviction of tenants who fail to meet their obligations. This case serves as a crucial reference for landlords and tenants navigating the complexities of rental agreements and eviction processes in Sindh, emphasizing the legal frameworks established to protect both parties' rights. Keywords include eviction, rent payment, Sindh Rented Premises Ordinance, landlord rights, tenant obligations, and legal compliance. |
| Court |
Sindh High Court
|
| Entities Involved |
|
| Judges |
KAUSAR SULTANA HUSSAIN, J
|
| Lawyers |
Syed Zahir Hussain Chishti for Petitioner,
Nadeem Khan for Respondent No.1,
Javed Ahmed Kalwar, A.A.G. Sindh/Respondents Nos.2 and 3
|
| Petitioners |
TAYABA JAMA MASJID TRUST SAUDABAD, KARACHI
|
| Respondents |
2 others,
Mst. AQEELA Begum
|
| Citations |
2022 SLD 1307,
2022 CLC 653
|
| Other Citations |
Muhammad Umer v. H.J Behrana Fire Temple Parse Trust 1995 CLC 1725,
2001 SCMR 290/293, 294,
1988 SCMR 427-431,
1986 SCMR 1714, 1715-A+B,
1994 SCMR 154, 160-A,
1998 SCMR 970,
2001 YLR 3014,
2001 SCMR 1888,
2000 CLC 1134
|
| Laws Involved |
Sindh Rented Premises Ordinance, 1979
|
| Sections |
15,
16
|