| Case ID |
165a4278-f8a2-48fd-b851-d34065f17c7f |
| Body |
View case body. Login to View |
| Case Number |
First Rent Appeal No.45 of 1993 |
| Decision Date |
Sep 04, 1997 |
| Hearing Date |
Sep 04, 1997 |
| Decision |
The appeal filed by the tenant was dismissed as the appellant failed to establish a legal tenancy under the Sindh Rented Premises Ordinance, 1979. The Rent Controller had determined that the appellant, despite claiming ownership, was in default of rent payments. The court emphasized that mere occupancy does not establish tenancy and upheld the Rent Controller's decision for ejectment due to the tenant's wilful default in payment despite being notified of the ownership change and the obligation to pay rent. The judgment reinforced the legal obligations of tenants under the relevant ordinance and clarified the definitions of tenancy and landlord relationships in such cases. |
| Summary |
This case revolves around the legal relationship between a landlord and tenant under the Sindh Rented Premises Ordinance, 1979. The appellant, Muhammad Younis, claimed ownership of a property but was ordered to vacate due to non-payment of rent. The Rent Controller ruled in favor of Syed Muhammad Yakoob, the respondent, who had legally acquired the property. The court's decision hinged on the definition of tenancy, emphasizing that the appellant was bound to pay rent and thus was a tenant despite his claims. The judgment highlights key aspects of tenancy law, including the obligations of tenants to pay rent and the implications of default. This case serves as a significant reference for disputes regarding landlord-tenant relationships and the legal definitions that govern them, making it relevant for current discussions on property law and tenant rights. Keywords include 'tenant rights', 'landlord obligations', 'Sindh Rented Premises Ordinance', and 'property law disputes'. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
M. L. SHAHANI, J
|
| Lawyers |
S. Abdur Rehman,
A. M. Mobeen Khan
|
| Petitioners |
MUHAMMAD YOUNIS
|
| Respondents |
Syed MUHAMMAD YAKOOB
|
| Citations |
1998 SLD 1308,
1998 CLC 736
|
| Other Citations |
Muhammad Tufail v. Barkat Ali PLD 1967 Kar. 151,
Qassim through Legal Heirs v. Aziz Baig 1993 CLC 2385,
Muhammad Shabbir and another v. Mst. Hamida Begum 1992 MLD 323,
Mst. Parveen Akhtar v. Shafiq Ahmed 1990 CLC 2019,
Muhammad Rifatullah Alvi v. Imran Ansari PLD 1990 SC 369
|
| Laws Involved |
Sindh Rented Premises Ordinance, 1979
|
| Sections |
2(j),
21
|