| Case ID |
1adfbabc-8de7-40a1-9ad5-26269876fad7 |
| Body |
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| Case Number |
C.P. S-1111 of 2018 |
| Decision Date |
Feb 17, 2020 |
| Hearing Date |
Jan 22, 2020 |
| Decision |
The Sindh High Court ruled that the Rent Controller had misapplied the law regarding the duty of the landlord to carry out necessary repairs as stipulated under Section 12 of the Sindh Rented Premises Ordinance, 1979. The Court found that the tenant's application for repairs should not have been denied based on the rent increase issue. The case was remanded for further inquiry, emphasizing that the landlord is obligated to ensure that the premises are fit for human habitation and that repairs should not be contingent upon rental payments or increases. The decision underscores the landlord's responsibility and the tenant's rights under the law, providing clarity on rental agreements and obligations in similar disputes. |
| Summary |
The case revolves around the interpretation of the Sindh Rented Premises Ordinance, particularly Section 12, which addresses the landlord's duty to maintain rented premises. The petitioner, a tenant, sought repairs for a rented flat but faced denial from the Rent Controller, who cited issues related to rent increases. The Sindh High Court found this reasoning flawed, stating that the landlord must fulfill repair obligations regardless of rent disputes. The ruling highlights the significance of tenant rights and landlord responsibilities, ensuring that premises remain habitable and safe. This decision is pivotal for future cases involving rental disputes, as it clarifies the legal framework governing tenant-landlord relationships in Sindh. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD SHAFI SIDDIQUI, JUSTICE,
NAFEESA BEGUM
|
| Lawyers |
Manzar Bashir
|
| Petitioners |
MUHAMMAD SHAFI SIDDIQUI
|
| Respondents |
2 OTHERS,
STATE LIFE INSURANCE CORPORATION OF PAKISTAN
|
| Citations |
2021 SLD 134 = 2021 CLC 98
|
| Other Citations |
Not available
|
| Laws Involved |
Sindh Rented Premises Ordinance, 1979
|
| Sections |
12
|