| Case ID |
0c5ff853-eb48-4551-bfd7-8556d8c42d4a |
| Body |
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| Case Number |
Constitutional Petition No.S-578 of 2002 |
| Decision Date |
Jan 21, 2008 |
| Hearing Date |
Jan 21, 2008 |
| Decision |
The Sindh High Court allowed the petition, restoring the order of the Rent Controller, which had accepted the ejectment petition due to the tenant's default in payment of rent. The court emphasized that the tenant, despite receiving notice of change of ownership, did not pay the rent to the new landlord. The court also clarified that the landlord's requirement for personal use was bona fide and no restrictions could be imposed on the landlord's choice of property for running his business. The tenant was granted four months to vacate the premises, subject to the condition of continuing to deposit rent before the Rent Controller. |
| Summary |
In the case of Qamar Zaman vs. IInd Additional District Judge, Karachi, the Sindh High Court examined the legal complexities surrounding the relationship between a landlord and tenant under the Sindh Rented Premises Ordinance, 1979. The petitioner, Qamar Zaman, claimed ownership of a commercial property and sought eviction of the tenant for default in rent payment. The court found that the tenant had acknowledged the new landlord after receiving a notice but failed to pay rent accordingly. The court ruled that the landlord's need for the premises was bona fide and emphasized that personal use of property by a landlord cannot be restricted arbitrarily. This case highlights crucial aspects of property law, tenant rights, and landlord obligations, resonating with current issues in commercial real estate and tenancy disputes. Keywords include landlord-tenant relationship, eviction process, commercial property rights, and legal standards in rent disputes. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ARSHAD NOOR KHAN, J
|
| Lawyers |
Neel Keshav,
S.M. Haider,
Nemo
|
| Petitioners |
QAMAR ZAMAN
|
| Respondents |
,
IIND ADDITIONAL DISTRICT JUDGE, KARACHI
|
| Citations |
2008 SLD 701,
2008 CLC 431
|
| Other Citations |
Muhammad Hayat v. Sh. Bashir Ahmed and others 1988 SCMR 193,
Muhammad Lehrasab Khan v. Mst. Aqeel-un-Nisa 2001 SCMR 338,
Nisar Ahmed Khan v. Noor Khan 1990 SCMR 544,
Reckitt & Colman of Pakistan Ltd. v. Saifuddin G. Lotia 2000 SCMR 1924,
Allies Book Corporation through L.Rs. v. Sultan Ahmed and others 2006 SCMR 152,
1991 SCMR 1029
|
| Laws Involved |
Constitution of Pakistan, 1973,
Sindh Rented Premises Ordinance (XVII of 1979)
|
| Sections |
199,
18,
10(3),
16(1)
|