| Case ID |
20d5fc24-9614-4cf4-9795-17a98f0357fd |
| Body |
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| Case Number |
First Rent Appeal No. 518 of 1989 |
| Decision Date |
Mar 24, 1992 |
| Hearing Date |
|
| Decision |
The appeal was dismissed as the Rent Controller found that the landlord had not established any willful default in payment of rent by the tenant. The evidence indicated that the tenant had made attempts to pay the rent, which were refused by the landlord. The landlord's claims regarding personal need for the premises were also unsubstantiated, as he failed to provide necessary details and had previously let out another property. The court emphasized that the grace period for payment of rent is defined by mutual agreement and that the landlord's motives needed careful scrutiny, particularly given the tenant's long-standing history of timely payments. |
| Summary |
This case revolves around the interpretation of the Sindh Rented Premises Ordinance and the obligations of landlords and tenants regarding rent payments. The Sindh High Court addressed the appeal concerning the dismissal of an ejectment application by a landlord against a tenant. The crux of the issue was whether the tenant had defaulted in rent payments and if the landlord had a bona fide need for the premises. The court highlighted that the grace period for rent payments is contingent on mutual agreements, which do not necessarily need to be in writing. The court found that the tenant had consistently attempted to pay rent, and the landlord's refusal to accept payment was significant. The case also examined the implications of unauthorized construction and the need for landlords to substantiate claims of personal need for rental properties. Ultimately, the appeal was dismissed, reinforcing the legal protections afforded to tenants under the Sindh Rented Premises Ordinance. Keywords include 'Sindh Rented Premises Ordinance', 'tenant rights', 'landlord obligations', 'eviction process', 'rent payment disputes'. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Qaiser Ahmed Hamidi, J.
|
| Lawyers |
S. Manzar Ahmad,
Sultan A. Allana
|
| Petitioners |
Rahmat Khan
|
| Respondents |
Abdul Razzaque
|
| Citations |
1993 SLD 434,
1993 CLC 412
|
| Other Citations |
Not available
|
| Laws Involved |
Sindh Rented Premises Ordinance
|
| Sections |
15(2)(iii),
15(2)(ii),
15(2)(vii),
10
|