Legal Case Summary

Case Details
Case ID 0f7680ac-4320-4657-aa5c-0636dbabacb4
Body View case body.
Case Number First Rent Appeal No. 189 of 1998
Decision Date Oct 22, 1999
Hearing Date Sep 29, 1999
Decision The appeal was directed against the dismissal of the application for ejectment of the respondent on the grounds of default in payment of water charges. The court found that while the respondent was a tenant, the water charges were not explicitly included as part of the rent in the lease agreement. The definition of 'rent' under the Sindh Rented Premises Ordinance indicated that such charges are only to be considered part of rent when they are expressly stated as payable by the tenant. Therefore, the initial ruling of the Rent Controller was upheld, and the appeal was dismissed.
Summary In the case of STATE LIFE INSURANCE CORPORATION OF PAKISTAN vs. Mrs. SURRAYA SAJJAD, the Sindh High Court dealt with issues surrounding the definition of 'rent' under the Sindh Rented Premises Ordinance, 1979, and the obligations of tenants regarding water charges. The court ruled that the water charges, although they might be related to the tenancy, were not automatically included in the rent unless specified in the lease agreement. This ruling highlights the importance of clear contractual terms in tenancy agreements and the obligations of landlords and tenants under the law. The case serves as a significant reference for similar disputes regarding tenancy rights and payment obligations, particularly in the context of water and utility charges. Keywords such as 'rent', 'water charges', 'Sindh Rented Premises Ordinance', and 'tenancy agreement' are critical for understanding the legal implications and obligations set forth in this ruling.
Court Sindh High Court
Entities Involved Not available
Judges SABIHUDDIN AHMED, J
Lawyers Mian Mushtaq Ahmad, Umer Qureshi
Petitioners STATE LIFE INSURANCE CORPORATION OF PAKISTAN
Respondents Mrs. SURRAYA SAJJAD
Citations 2000 SLD 2074 = 2000 CLC 1813
Other Citations Zarina-Khawaja v. Agha Mahboob Shah PLD 1988 SC 190
Laws Involved Sindh Rented Premises Ordinance, 1979
Sections 2(i), 15