| Case ID |
2c3efa43-ba63-4b25-9036-dcd150016215 |
| Body |
View case body. Login to View |
| Case Number |
Constitutional Petition No. S-311 of 2012 |
| Decision Date |
Nov 16, 2012 |
| Hearing Date |
Oct 10, 2012 |
| Decision |
The Sindh High Court dismissed the constitutional petition filed by the Muslim Commercial Bank against the judgment of the Rent Controller, which had ruled that the bank was in wilful default of rent payments for a period exceeding six months. The court held that the unregistered lease agreement did not prevent the enforcement of the landlord's right to eject the tenant, as the statutory protections for tenants under the Sindh Rented Premises Ordinance were not applicable due to the duration of the default in payments. The court underscored that the terms of the expired lease remained operational for purposes of determining the rent due. The petitioner was granted three months to vacate the premises. |
| Summary |
In the case of Muslim Commercial Bank Ltd. vs. Abdul Ghaffar, the Sindh High Court addressed the issue of rent default under the Sindh Rented Premises Ordinance. The petitioner, a prominent bank, contested the eviction notice based on an unregistered lease agreement. The court clarified that despite the unregistered status, the landlord's right to seek ejectment was valid, especially given the tenant's failure to pay rent for over six months. The ruling emphasized the legal principle that statutory tenant protections do not apply when the default exceeds six months, thus affirming the landlord's rights under prevailing laws. The decision impacts tenant-landlord relationships and the enforceability of lease agreements, especially concerning registration requirements and default durations. Keywords such as 'eviction', 'rent default', 'Sindh Rented Premises Ordinance', and 'unregistered lease' are critical for understanding the case's implications. |
| Court |
Sindh High Court
|
| Entities Involved |
ABDUL GHAFFAR,
MUSLIM COMMERCIAL BANK LTD.
|
| Judges |
ABDUL RASOOL MEMON, J
|
| Lawyers |
Masood Shaharyar,
Tufail H. Ebrahim
|
| Petitioners |
MUSLIM COMMERCIAL BANK LTD.
|
| Respondents |
2 others,
ABDUL GHAFFAR
|
| Citations |
2013 SLD 2181 = 2013 YLR 344
|
| Other Citations |
Allies Book Corporation through L.Rs. v. Sultan Ahmad and others 2006 SCMR 152,
Muhammad Lehrasab Khan v. Mst. Aqeel-Un-Nisa and 5 others 2001 SCMR 338,
Amina Nuzhat Babar v. Khan Sher 2002 CLC 1,
Akbar Ali and 4 others v. Mst. Hameeda Sahaf 1993 CLC 290,
Muhammad Ashraf v. Muhammad Sharif and 3 others PLD 1971 Lah. 610,
Naseem Begum v. Mrs. Raeesa Khatoon and 2 others 1997 MLD 1030,
Muhammad Yunus Malik v. Mst. Zahida Irshad 1980 SCMR 184,
Noor Hassan and another v. Tufail Ahmad and another 1980 SCMR 144,
Syed Arshad Ali Hashmi v. Khursheed Begum 2001 CLC 690,
Syed Izhar Ali v. Mst. Amina Begum through L.Rs. and 2 others 2011 CLC 633,
Messrs Rahman Cotton Factory v. Messrs Nichimen Co. Ltd. PLD 1976 SC 781,
Sh. Jamilur Rahman v. Akbar Hasan 1985 CLC 922,
Mirza Abdul Aziz Beg v. Mushtaq Ahmed Sheikh 1980 SCMR 834,
Muhammad Sharif and another v. Muhammad Afzal Sohail PLD 1981 SC 246,
Zahir Ahmed v. Seth Sugnichand and another PLD 1965 (W.P) Kar. 195,
Mst. Zarina Khawaja v. Agha Mahboob Shah PLD 1988 SC 190,
Muhammad Asif Rana v. Abdul Majeed Ali M. Sabadia through Attorney and 2 others 2010 CLC 214
|
| Laws Involved |
Sindh Rented Premises Ordinance (XVII of 1979),
Registration Act (XVI of 1908),
Constitution of Pakistan
|
| Sections |
2(j),
15(2)(ii),
17,
49,
199
|