| Case ID |
1192f747-7604-456e-acda-76480a367320 |
| Body |
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| Case Number |
F.R.A. No. 412 of 1991 |
| Decision Date |
Mar 31, 1992 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the appeal of Syed Haider Abbas Rizvi against the order of the Rent Controller which struck off his defense and ordered his eviction due to failure to deposit overdue rent. The court held that the Rent Controller had no discretion to extend the time for rent deposit as per Section 16 of the Sindh Rented Premises Ordinance, thus confirming the lower court's decision. The appellant was given three months to vacate the premises. |
| Summary |
In the case F.R.A. No. 412 of 1991 adjudicated by the Sindh High Court, the appellant Syed Haider Abbas Rizvi challenged the decision of the Rent Controller, which had ordered his eviction from a rented property due to non-payment of rent. The Rent Controller had earlier directed the appellant to deposit overdue rent amounting to Rs. 19,000 by a fixed date, which the appellant failed to do, citing illness. The court emphasized that under the Sindh Rented Premises Ordinance, the Rent Controller lacked the authority to extend the time for payment. This decision aligns with established case law, reinforcing strict adherence to procedural obligations for tenants to benefit from protections under the Ordinance. The court's ruling has significant implications for tenant rights and landlord-tenant disputes, particularly regarding the enforcement of rent payment timelines and the consequences of default. This case highlights the importance of timely rent payments and the legal ramifications of failing to comply with court orders in rental agreements. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUKHTAR AHMED, JUNEJO, J
|
| Lawyers |
Mr. Mufti Abdul Latif,
Mr. Muhammad Ali Jan
|
| Petitioners |
Syed HAIDER ABBAS RIZVI
|
| Respondents |
MUHAMMAD JAVED ASLAM
|
| Citations |
1993 SLD 977,
1993 CLC 1812
|
| Other Citations |
Shah Illah v. Mst. Mahmooda Begum 1984 CLC 931,
Muhammad Yousuf v. Muhammad Bashir and others 1990 SCMR 557,
M. Nazir v. S. Shaukat Ali 1982 SCMR 985,
Messras Asmat Agencies v. Messrs Shaikh Yousufally and Sons Ltd. 1983 CLC 2088,
Nazir Ahmed v. Holaram 1985 CLC 41,
PLD 1971 SC 700,
S.M. Hayat's case 1984 CLC 3176
|
| Laws Involved |
Sindh Rented Premises Ordinance
|
| Sections |
16(1),
16(2)
|