| Case ID |
1ae4b3f2-26ef-420f-957c-da2f49d242d2 |
| Body |
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| Case Number |
Constitutional Petition No.S-569 of 2002 |
| Decision Date |
Dec 02, 2004 |
| Hearing Date |
Dec 02, 2004 |
| Decision |
The petition was dismissed by a short order after hearing the learned counsel for the parties. The petitioners were granted a period of six months to vacate the shops in their possession and hand over vacant possession to the respondent No.1, with conditions to deposit monthly rent regularly. The court upheld the finding of the learned District and Sessions Judge regarding the default in payment of rent, emphasizing that tenants failed to prove that they had tendered rent to the landlord within the specified time frame. The judgment highlighted that the tenants' claim of having deposited rent for the disputed period in court did not suffice to negate the landlord's allegations of default. Thus, the petition was dismissed, affirming the lower court's decision. |
| Summary |
This case revolves around the ejectment application filed by the landlord under the Sindh Rented Premises Ordinance, arguing the tenant's default in rent payment. The court examined the validity of the tenant's claims of having paid rent and the implications of filing the ejectment application after a considerable delay. The key issues included whether the application was filed by an authorized person and the actual default in rent payments. The court concluded that the tenants did not provide adequate evidence to support their defense, leading to the dismissal of their petition. This case highlights critical aspects of landlord-tenant disputes, particularly regarding proof of payment and procedural compliance under rental laws. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD MUJEEBULLAH SIDDIQUI, J
|
| Lawyers |
Umar Hayat Sandhu,
Arif Khan
|
| Petitioners |
SOHAIL and anothers
|
| Respondents |
Mst. RASHIDA BEGUM and another
|
| Citations |
2005 SLD 1240,
2005 CLC 768
|
| Other Citations |
State Life Insurance Corporation v. Surriya Sajjad 2000 CLC 1813
|
| Laws Involved |
Sindh Rented Premises Ordinance (XVII of 1979),
Constitution of Pakistan (1973)
|
| Sections |
15,
199
|