| Case ID |
2cfec2ec-5f34-44ea-a484-829081bbb6a6 |
| Body |
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| Case Number |
First Rent Appeal No.93 of 1994 |
| Decision Date |
Jan 10, 1996 |
| Hearing Date |
Sep 19, 1995 |
| Decision |
The appeal was dismissed as the appellant was found to be in unauthorized possession of the premises. The Rent Controller's order to vacate the premises was upheld. The court determined that the relationship of landlord and tenant existed between the parties, with the respondent being the rightful administrator of the property following the original landlord's death. The appellant's claims of having a valid sale agreement were rejected due to lack of proper evidence and the fact that the original landlord had not authorized the sale. The respondent was entitled to regain possession of the property, and the appellant's attempts to assert ownership through an unregistered agreement were deemed insufficient. |
| Summary |
This case revolves around a rent dispute under the Sindh Rented Premises Ordinance, 1979, particularly focusing on the relationship between a landlord and tenant following the death of the original landlord. The court emphasized the necessity for proper documentation and legal authority in proving ownership claims in rental disputes. The appellant, a sub-tenant, contested the eviction order citing a sale agreement, but the court ruled in favor of the respondent, the landlord's administrator, affirming that mere possession does not confer ownership rights. This case is significant for tenants and landlords navigating rental agreements and ownership claims, underscoring the importance of legal procedures and documentation in real estate transactions. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
HAMID ALI MIRZA, J
|
| Lawyers |
Abbas Ali,
Akhtar Ali Mahmood
|
| Petitioners |
SHAHZADA GULZAR alias GULLOO
|
| Respondents |
,
Mirza BASHIR BAIG
|
| Citations |
1996 SLD 1474,
1996 CLC 1293
|
| Other Citations |
Ali Muhammad v. Mst. Azeemunnisa Begum 1986 CLC 576,
Khan Muhammad Yousuf Khan Khattak v. S.M. Ayoub PLD 1973. SC 160,
M/s. Formost Trading Company v. M/s: Caledonian Insurance Company PLD 1988 Kar. 131,
Bashir Ahmad v. Abdul Hamid and another 1983 SCMR 302,
M/s. Al-Rehman International through Chairman v. Tariq Rashid 1993 CLC 2258,
Muhammad Ihsan v. Muhammad Hafeez 1995 SCMR 1380,
Shamim Akhtar v. Muhammad Rashid PLD 1989 SC 575,
Iqbal and 6 others v. Mst. Rabia Bibi and another PLD 1991 SC 242,
Dilbar Khan v. Saifullah 1990 CLC 1437,
S.M. Hayat v. Commodore (Retd.) Ikramul Haq Malik and another 1984 CLC 3176
|
| Laws Involved |
Sindh Rented Premises Ordinance, 1979
|
| Sections |
2(1)(j),
15(2)(ii),
15(2)(iii)(a)
|