| Case ID |
14f53d07-2285-44e4-9381-220b3cb5918f |
| Body |
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| Case Number |
First Rent Appeal No. 407 of 1993 |
| Decision Date |
Apr 15, 1996 |
| Hearing Date |
Mar 07, 1996 |
| Decision |
The appeal filed by Abdul Rauf was allowed. The Sindh High Court reversed the findings of the learned Rent Controller and granted the ejectment application under section 15 of the Sindh Rented Premises Ordinance, 1979. The court concluded that the landlord had a bona fide need for the shop for his children to start a business, and the tenant failed to prove any mala fide intention on the part of the landlord. The respondent was ordered to vacate the premises within four months. |
| Summary |
This case revolves around the First Rent Appeal filed by Abdul Rauf against the dismissal of his ejectment application under the Sindh Rented Premises Ordinance, 1979. The key issues were the landlord's bona fide need for the shop and the tenant's alleged default in rent payments. The court emphasized that the prerogative of the landlord to choose which property to occupy is paramount. It was determined that the tenant, Shah Nawaz, had committed willful default in rent payment, as he failed to adhere to the mutually agreed-upon payment terms. The ruling highlighted the importance of understanding landlord-tenant relationships under the Sindh Rented Premises Ordinance, which governs such disputes. The decision reinforces the legal framework surrounding property rights, tenant obligations, and the necessity for landlords to establish genuine personal needs when seeking eviction. This case serves as a precedent for similar landlord-tenant disputes, emphasizing the significance of established agreements and the landlord's discretion in managing their properties. Key terms include bona fide need, rent default, eviction proceedings, and tenant rights. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
AGHA RAFIQ AHMAD KHAN, J
|
| Lawyers |
Rashid-ud-Din Ahmad Khan,
S.H. Jilani
|
| Petitioners |
ABDUL RAUF
|
| Respondents |
SHAH NAWAZ
|
| Citations |
1997 SLD 666,
1997 CLC 646
|
| Other Citations |
Rahmat Khan v. Mst. Hamida 1992 MLD 1685,
Rahmat Khan v. Abdul Razzaque 1993 CLC 412,
Allah Din v. Habib PLD 1982 SC 465,
Khawaja Imran Ahmad v. Noor Ahmad and another 1992 SCMR 1152,
Haroon Kassam and another v. Azam Suleman Madha PLD 1990 SC 394,
Mukhtar Ahmad v. Muhammad Saleem Bakhshi 1991 CLC 1047,
Sir E.H. Jaffar & Sons Ltd. v. Sultan Karam Ali and others 1995 SCMR 330,
Sabu Mal v. Kika Ram alias Heman Das 1973 SCMR 185,
Nooruddin and others v. Asghar Ali and others 1968 SCMR 1087,
Sardar Khan v. Riaz Ahmad and others 1986 SCMR 1981
|
| Laws Involved |
Sindh Rented Premises Ordinance (XVII of 1979)
|
| Sections |
15(2)(vii)
|