| Case ID |
3199c808-59c8-4672-b883-44cffa9ec7a6 |
| Body |
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| Case Number |
C.P. No. S-443 of 2022 |
| Decision Date |
Nov 30, 2022 |
| Hearing Date |
Nov 18, 2022 |
| Decision |
The Sindh High Court allowed the writ petition after reviewing the concurrent findings of the lower courts regarding the eviction application. The court emphasized the importance of bona fide need for eviction under the Sindh Rented Premises Ordinance, 1979, particularly highlighting the landlord's right to reclaim possession of the property for personal use. The decision was supported by evidence indicating that the petitioner had defaulted on rent payments and had failed to substantiate claims regarding pagri. The court reiterated that mere allegations of pagri do not hinder a landlord's right to seek eviction based on personal needs, affirming the lower courts' decisions and dismissing the petitioner's claims. |
| Summary |
In this significant case adjudicated by the Sindh High Court, the petitioner Muhammad Sami @ Shabrati challenged the decisions of the Model Civil Appellate Court and the Rent Controller regarding an eviction application filed by the respondents. The case revolved around the interpretation of the Sindh Rented Premises Ordinance, 1979, focusing on the sections pertaining to personal bona fide need and default in rent payment. The court emphasized the landlord's right to reclaim property for personal use, dismissing the petitioner's claims of pagri and highlighting that such claims were not raised during the initial proceedings. The judgment reinforced the principle that a landlord's genuine need for property cannot be obstructed by the tenant's allegations, particularly when there is clear evidence of default in rent payments. This ruling not only clarifies the application of laws regarding tenancy but also underscores the judiciary's stance on protecting landlords' rights in eviction cases. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Salahuddin Panhwar, J.
|
| Lawyers |
Choudhry Muhammad Iqbal,
Abdul Ghaffar Kalwar,
Irshad Ahmed Shaikh
|
| Petitioners |
MUHAMMAD SAMI @ SHABRATI
|
| Respondents |
MODEL CIVIL APPELLATE COURT (MCAC)/DISTRICT JUDGE MALIR, KARACHI,
M/s. Abdul Ghaffar Kalwar & Irshad Ahmed Shaikh
|
| Citations |
2024 SLD 3835,
2024 PLJ 19
|
| Other Citations |
1987 SCMR 307,
1996 MLD 1505
|
| Laws Involved |
Sindh Rented Premises Ordinance, 1979
|
| Sections |
13,
15
|