| Case ID |
10cbe374-17bc-4e66-9736-9c9d0d86edf4 |
| Body |
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| Case Number |
C.P.L.A. No. 244-K of 2009 |
| Decision Date |
May 20, 2009 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the ejectment order passed by the lower courts, confirming that the tenant had to vacate the premises and file a civil suit for specific performance of the sale agreement. The court held that the Rent Controller's inquiry into the landlord-tenant relationship was of a summary nature and that the question of title could not be decided by the Controller. The tenant's defense was struck off for not complying with the tentative rent order, leading to the dismissal of the petition. |
| Summary |
The Supreme Court of Pakistan's decision in C.P.L.A. No. 244-K of 2009 clarifies the legal principles surrounding landlord-tenant relationships under the Sindh Rented Premises Ordinance (XVII of 1979). The case involved a dispute where the tenant claimed to have purchased the rented premises, leading to a denial of the landlord-tenant relationship. The court emphasized that tenants must vacate the premises and file for specific performance if they claim ownership, as the question of ownership cannot be resolved by the Rent Controller. This landmark ruling highlights the significance of compliance with rent orders and the procedural requirements for tenants seeking to assert ownership rights. Keywords: landlord-tenant relationship, ejectment petition, Sindh Rented Premises Ordinance, Supreme Court of Pakistan, specific performance. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ZIA PERWEZ,
SYED ZAWWAR HUSSAIN,
JAFFERY,
SARMAD JALAL OSMANY
|
| Lawyers |
Anwar Hussain,
Ahmadullah Farooqui
|
| Petitioners |
ABDUL RASHEED
|
| Respondents |
MAQBOOL AHMED
|
| Citations |
2011 SLD 1358,
2011 SCMR 320
|
| Other Citations |
Khalil-ur-Rehman v. Talizar Khan PLD 1992 SC 442,
Ghulam Rasool v. Khurshid Ahmed 2000 SCMR 632,
Jumma Khan v. Zarin Khan PLD -1999 SC 1101,
Iqbal v. Rabia Bibi PLD 1991 SC 242,
Shameem Akhtar v. Muhammad Rashid PLD 1989 SC 575,
Mst. Azeemun Nisar Begum v. Mst. Rabia Bibi PLD 1991 SC 242,
Muhammad Rafique v. Messrs Habib Bank Ltd. 1994 SCMR 1012,
Mst. Bor Bibi v. Abdul Qadir 1996 SCMR 877
|
| Laws Involved |
Sindh Rented Premises Ordinance (XVII of 1979)
|
| Sections |
15,
16(2)
|