| Case ID |
2de1a88c-1999-4a5b-9c1f-01d131dc3e14 |
| Body |
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| Case Number |
C.P. No.S-125 of 2012 |
| Decision Date |
Oct 08, 2013 |
| Hearing Date |
Sep 06, 2013 |
| Decision |
The Sindh High Court dismissed the constitutional petition filed by Muhammad Anwar challenging the decisions of the lower courts. The court upheld the findings that the relationship of landlord and tenant existed between the parties, and that the petitioner committed willful default in the payment of rent. The court clarified that once the relationship was established, the tenant could not question the landlord's title during the currency of the tenancy agreement. The petitioner was ordered to vacate the premises within three months, subject to the regular payment of rent and utility bills. The court emphasized the principle that a tenant cannot deny the landlord's title while in possession of the rented premises. |
| Summary |
This case revolves around the interpretation of the Sindh Rented Premises Ordinance, 1979, particularly focusing on the relationship between landlord and tenant. Muhammad Anwar, the petitioner, challenged the eviction orders based on his claim of co-ownership of the rented premises. The court found that the relationship of landlord and tenant was well established through evidence, including a rent agreement and payment of rent. The court reiterated that the tenant, having acknowledged the relationship, cannot contest the landlord's title during the tenancy. This case highlights critical aspects of tenancy law, emphasizing the importance of adhering to the terms of tenancy agreements and the legal implications of willful default in rent payments. Key legal principles from the Qanun-e-Shahadat Order, 1984, regarding estoppel were also underscored, affirming that tenants must vacate premises before disputing ownership claims. The decision reinforces the rights of landlords in eviction proceedings and the obligations of tenants under rental agreements. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
AZIZ-UR-REHMAN, J
|
| Lawyers |
Sundardas,
Irfan Ahmed Qureshi
|
| Petitioners |
MUHAMMAD ANWAR
|
| Respondents |
2 others,
Mir RAFIQUE AHMED TALPUR
|
| Citations |
2014 SLD 1074,
2014 MLD 23
|
| Other Citations |
Sanobar Sultan and others v. Ubaidullah Khan and others PLD 2009 SC 71,
Barkat Masih v. Manzoor Ahmed 2006 SCMR 1068,
Abdul Rasheed v. Maqbool Ahmed and others 2011 SCMR 320
|
| Laws Involved |
Sindh Rented Premises Ordinance, 1979,
Qanun-e-Shahadat Order, 1984,
Constitution of Pakistan
|
| Sections |
15,
2(f),
2(j),
115,
199
|