Legal Case Summary

Case Details
Case ID 19f48084-5ad9-4597-a573-32be81f4fff4
Body View case body.
Case Number First Rent Appeal No. 1 of 2009
Decision Date Apr 27, 2009
Hearing Date
Decision The Sindh High Court dismissed the First Rent Appeal filed by the appellants against the eviction order passed by the Rent Controller. The court held that the tenants failed to file a written statement and did not take the matter seriously, which led to the Rent Controller issuing an ex parte eviction order. The court emphasized that it is the responsibility of both the counsel and the parties to appear in court and safeguard their interests. The tenants had full knowledge of the proceedings as evidenced by the various modes of service used to notify them. Their indolence in not filing a written statement or appearing in court led to the dismissal of their appeal.
Summary In the case of First Rent Appeal No. 1 of 2009, the Sindh High Court addressed the issues surrounding the eviction of tenants under the Cantonments Rent Restriction Act, 1963. The case revolved around the inability of the tenants to file a written statement within the stipulated time, which resulted in an ex parte order issued by the Rent Controller. The court noted the importance of timely legal representation and the responsibility of tenants to actively participate in the proceedings. The appeal was ultimately dismissed due to the tenants' failure to engage with the legal process adequately. This case highlights the critical nature of appearing in court and the dire consequences of neglecting to do so, especially in matters involving rental disputes. The court's decision reinforces the legal principle that both parties must be diligent in protecting their rights in legal proceedings.
Court Sindh High Court
Entities Involved Not available
Judges MUNIB AHMAD KHAN, J
Lawyers G.N. Qureshi, Sardar Muhammad Yousuf
Petitioners another, TANVEER SIDDIQUI
Respondents MUHAMMAD RASHID
Citations 2009 SLD 2164, 2009 PLD 356
Other Citations FRA No. 7 of 2008, FRA 58 of 2008, C.P. No.491-K/2008, 2008 SCMR 635
Laws Involved Cantonments Rent Restriction Act, 1963
Sections 17, 24