| Case ID |
2bbcfa98-fdd2-4517-99ae-fa8bbd62b5ce |
| Body |
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| Case Number |
FRA no 7 of 1990 |
| Decision Date |
Mar 15, 1990 |
| Hearing Date |
|
| Decision |
The appeal filed by the appellants was dismissed by the Sindh High Court. The court held that only those heirs of a deceased tenant who are actually in possession of the premises are to be treated as tenants and not those who are not occupying the premises. The appeal was found to be misconceived, with the court stating that mere technicalities were being exaggerated by the appellant Gurmukhdas to prolong his possession. The court allowed one month's time for Gurmukhdas to vacate the premises. |
| Summary |
In the case of FRA no 7 of 1990, the Sindh High Court addressed the issue of tenant rights under the Sindh Rented Premises Ordinance, 1979. The case arose when Faiz Muhammad, the landlord, sought the eviction of Gobind Mal and his son Gurmukhdas due to default in rent and personal requirement. The court emphasized that only those heirs of a deceased tenant who occupy the premises can claim tenant status. The ruling highlighted the court's stance against exploiting legal technicalities to delay eviction. This case serves as a pivotal reference for tenant law, particularly in the context of succession and occupancy rights, making it essential for landlords and tenants alike to understand their rights under the law. The decision reinforces the importance of actual possession in determining tenant status, which is a critical aspect of rental disputes. |
| Court |
Sindh High Court, Sukkur Bench
|
| Entities Involved |
Not available
|
| Judges |
Qaisar Ahmad Hamidi, J
|
| Lawyers |
Mr Abdur Rehman
|
| Petitioners |
Smt. Sadori Bai,
Smt. Chandran Bai,
Smt. Maya Bai,
Smt. Daya Bai
|
| Respondents |
Faiz Muhammad
|
| Citations |
1990 SLD 91,
1990 PLJ 231
|
| Other Citations |
PLJ 1987 Karachi 36
|
| Laws Involved |
Sindh Rented Premises Ordinance, 1979
|
| Sections |
2(j),
21
|