| Case ID |
176b8b50-ad34-4703-9a1e-999dcb984977 |
| Body |
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| Case Number |
First Rent Appeal No. 126 of 1995 |
| Decision Date |
Nov 04, 1998 |
| Hearing Date |
|
| Decision |
The appeal under Section 21 of the Sindh Rented Premises Ordinance, 1979, filed by Rehana Jamal and others against Muhammad Asim, was dismissed by the Sindh High Court on November 4, 1998. The court upheld the Rent Controller's finding of no default in rent payment by the respondent, citing the deposit of advance rent which covered the period of alleged default. Additionally, the court found that the appellants failed to prove their personal requirement in good faith. Evidence showed that the appellants had significant business interests and properties, undermining their claim of genuine need. Consequently, the appeal was dismissed as lacking merit, affirming the Rent Controller's original order. |
| Summary |
In the case of Rehana Jamal and 2 others versus Muhammad Asim, heard by the Sindh High Court and decided on November 4, 1998, the court addressed a critical dispute under the Sindh Rented Premises Ordinance of 1979. The appellants, Rehana Jamal and others, sought the eviction of Muhammad Asim from shop premises located on Plot No.SE-3, Block "G", North Nazimabad, Karachi, alleging default in rent payments since January 1992. They further claimed that the premises were needed for the bona fide personal use of the landlady's husband, Hafiz Mansoor Ahmad, to establish an independent business in readymade garments. The respondent, Muhammad Asim, countered that rent arrears were covered by deposits made into Miscellaneous Rent Cases Nos.661 of 1991 and 216 and 217 of 1992, demonstrating no default in payments. The Rent Controller had originally dismissed the eviction application, a decision that the appellants challenged. The court meticulously examined the evidence, including rent receipts, affidavits, and cross-examinations of witnesses. It was revealed that Hafiz Mansoor Ahmad and the appellants possessed multiple properties and active business interests, casting doubt on the genuine necessity of the claimed personal need. The court highlighted that the respondent had made rent payments in advance, negating the claim of default. Furthermore, inconsistencies in the appellants' claims and the credibility of their evidence were noted. The court concluded that the appellants failed to substantiate their personal requirement of the premises in good faith and that there was no legal default in rent payments by the respondent. Moreover, the evidence suggested that the appellants might have been pursuing eviction with ulterior motives, as they had sought to evict the respondent despite having multiple other properties and business interests. The reliance on precedents such as Bahadur Khan v. Choudry Muhammad Hussain (1991 SCMR 429) and Qamruddin v. Hakim Mahmood Khan (1988 SCM.R 819) underscored the legal framework governing rent disputes in Sindh. Ultimately, the Sindh High Court upheld the Rent Controller's decision, dismissing the appeal due to the lack of merit in the appellants' claims. This case underscores the importance of substantiating claims of personal necessity in eviction cases and the legal protections tenants have against wrongful eviction attempts when rent payments are diligently maintained. |
| Court |
Sindh High Court
|
| Entities Involved |
Rent Controller, Karachi-Central,
Miscellaneous Rent Case No.466 of 1992,
Miscellaneous Rent Applications No.661 of 1991,
Miscellaneous Rent Cases Nos.216 and 217 of 1992
|
| Judges |
Hamid Ali Mirza
|
| Lawyers |
Suleman Kassam,
Hafiz Abdul Baqi,
M. Raghib Baqi
|
| Petitioners |
2 others,
Rehana Jamal
|
| Respondents |
Muhammad Asim
|
| Citations |
1999 SLD 868,
1999 CLC 781
|
| Other Citations |
Bahadur Khan and others v. Choudry Muhammad Hussain and others 1991 SCMR 429,
Muhammad Ashraf v. Abdul Hameed and others 1982 SCMR 237,
Ghulam Samdani v. Abdul Hameed 1992 SCMR 1170,
Munawar Hasan v. Badiul Hasan 1992 CLC 2495,
Qamruddin through legal heirs v. Hakim Mahmood Khan 1988 SCM.R 819,
Muhammad Sharif v. Nisar Ahmad and others 1988 SCMR 1587,
Haroon Kasam and others v. Azam Suleman Madha PLD 1990 SC 394,
Messrs F.K. Irani & Co. v. Begum Feroze 1996 SCMR 1178,
Abdul Karim v. Abdul Karim 1992 SCMR 1300,
Muhammad Bashir v. Sakhawat Hussain 1991 SCMR 846,
Jehawgir Rustom Kaklia v. State Bank of Pakistan 1992 SCMR 1296,
Messrs A.B. Sons Limited v. Messrs Eastern Express Limited 1989 MLD 956,
Abid Masood and others v. Dilshad Khan 1995 SCMR 146,
Abdul Kadir and others v. Muhammad Yaqoob 1991 SCMR 1029,
Inayat Ali Shah v. Anwar Hussain 1995 CLC 1906
|
| Laws Involved |
Sindh Rented Premises Ordinance (XVII of 1979)
|
| Sections |
15,
21,
15(2)(ii),
10,
2(g)
|