| Case ID |
229ee5cd-f429-4538-8199-c3bab288d277 |
| Body |
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| Case Number |
High Court Appeal No. 215 of 2017 |
| Decision Date |
Jan 03, 2020 |
| Hearing Date |
Oct 18, 2019 |
| Decision |
The court allowed the appeal and set aside the previous decision of the Single Judge. It was determined that the execution of tenancy rights without the landlord's consent is not lawful under the Sindh Rented Premises Ordinance, 1979. The court remanded the case to address intricate questions of law and fact, particularly regarding the nature of the tenancy and whether the tenancy rights could be transferred without the landlord's approval. This decision emphasized the importance of landlord consent in tenancy agreements and the legal ramifications of sub-tenancy, thereby highlighting the complexities surrounding rental agreements in Pakistan. |
| Summary |
In the case of HASHMI CHARITABLE TRUST THROUGH CHAIRMAN vs. JAVED BALOCH AND 3 OTHERS, the Sindh High Court addressed critical issues surrounding tenancy rights and the transfer of these rights under the Sindh Rented Premises Ordinance, 1979. The case arose from a money decree issued against the respondents, leading to an execution application for the recovery of dues. The appeal contended that the tenancy rights of the properties involved could not be transferred without the express consent of the landlord, thereby challenging the legality of the execution order. The court ruled in favor of the appellant, emphasizing that legal practices regarding Pugree-based tenancies must adhere to the provisions set forth in the Ordinance. The decision reaffirmed the necessity for a landlord's approval in tenancy transfers and addressed the implications of sub-tenancy, ultimately remanding the case for further examination of these legal intricacies. |
| Court |
Sindh High Court
|
| Entities Involved |
HASHMI CHARITABLE TRUST,
JAVED BALOCH
|
| Judges |
IRFAN SAADAT KHAN,
FAHIM AHMED SIDDIQUI
|
| Lawyers |
Abrar Hassan,
Malik Naeem Iqbal,
Nemo
|
| Petitioners |
HASHMI CHARITABLE TRUST THROUGH CHAIRMAN
|
| Respondents |
Respondent No. 3,
Respondent No. 2,
Respondent No. 4,
JAVED BALOCH
|
| Citations |
2021 SLD 1479,
2021 YLR 762
|
| Other Citations |
Allah Ditta v. Ahmed Ali Shah 2003 SCMR 1202,
Muhammad Ali v. Ghulam Sarwer 1989 SCMR 640,
Allied Bank of Pakistan Ltd v. Rashid Hayder Rizvi 1989 MLD 3602,
T.E.S. (Pvt.) Ltd. v. Indian Chemicals AIR 1959 Asam 61,
Muhammad Hanif v. Mumtaz Ahmed PLD 1986 Kar. 16,
Muhammad Aslam v. Hanif Abdulla and Brothers 2003 SCMR 1667,
Mst. Sughra Kauser v. Muhmmad Siddique Manan 1992 MLD 903
|
| Laws Involved |
Sindh Rented Premises Ordinance, 1979,
Transfer of Property Act, 1882,
Civil Commotion Compensation Fund (Repeal) Act, 1972
|
| Sections |
15,
106,
12(2)
|