| Case ID |
31ad1efe-d8ea-4162-9ec0-89588236ee64 |
| Body |
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| Case Number |
Constitutional Petition No. S-604 of 2002 |
| Decision Date |
Nov 28, 2005 |
| Hearing Date |
|
| Decision |
The High Court set aside the orders passed by the Rent Controller and Appellate Court, remanding the case to the Rent Controller. The court directed the Rent Controller to afford both parties the opportunity to present evidence regarding the relationship of landlord and tenant. If the Rent Controller finds it impossible to determine this relationship without a decision from the Civil Court, the matter may be kept in abeyance until the appeal is resolved. The petition was allowed accordingly. |
| Summary |
This case revolves around a dispute between a landlord and tenant concerning the relationship of landlord and tenant after a sale agreement was executed during the tenancy. The tenant, Mst. Leela, contended that she purchased the property and thus claimed ownership, which the landlord disputed. The Rent Controller initially dismissed the ejectment application due to the ongoing civil litigation regarding the title of the property. The High Court intervened, emphasizing the need for the Rent Controller to determine the landlord-tenant relationship before addressing ownership issues. This case highlights the complexities of tenancy law, property ownership disputes, and the procedural requirements for adjudicating such matters in Pakistan. Key terms include landlord-tenant relationship, ejectment proceedings, and civil litigation, which are crucial for understanding property law in Pakistan. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD MUJEEBULLAH SIDDIQUI, J
|
| Lawyers |
Iqbal Quadri,
M. Akbar Awan
|
| Petitioners |
Mst. LEELA
|
| Respondents |
2 others,
Mst. RAZIA GILL
|
| Citations |
2006 SLD 3028,
2006 PLD 122
|
| Other Citations |
Iqbal v. Mst. Rabia Bibi PLD 1991 SC 242,
Abdul Hameed Naz v. Mst. Razia Begum Awan 1991 SCMR 1376,
Province of Punjab v. Abdul Ghani PLD 1985 SC 1,
Rehmatullah v. Ali Ahmed 1983 SCMR 1064
|
| Laws Involved |
Sindh Rented Premises Ordinance (XVII of 1979),
Constitution of Pakistan (1973)
|
| Sections |
15,
199
|