| Case ID |
3245053b-b9b6-435d-95eb-cf2b4f787150 |
| Body |
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| Case Number |
FRA No. 760 of 1987 |
| Decision Date |
Feb 11, 1990 |
| Hearing Date |
|
| Decision |
The appeal filed by Ghaffar against the order of the Rent Controller was dismissed. The court found that the appellant, being the son of the original tenant, was indeed a tenant under the Sindh Rented Premises Ordinance, 1979. The evidence showed that he had defaulted in rent payments. The Rent Controller had complied with the necessary procedures as outlined in the Ordinance, and the arguments raised regarding compliance with the Civil Procedure Code were found to be without merit. The appellant was ordered to vacate the shop within three months. |
| Summary |
In the case of FRA No. 760 of 1987, the Sindh High Court addressed the issue of tenant ejectment under the Sindh Rented Premises Ordinance, 1979. The case involved Ghaffar, the appellant, challenging the ejectment order issued by the Rent Controller. The court examined the definitions of tenant and the relationship between landlord and tenant. The court confirmed that the provisions of the Civil Procedure Code apply to rent cases only to the extent specified by the Ordinance. The appellant's failure to pay rent and his status as a tenant were critical in the court's decision to uphold the Rent Controller's order. The ruling emphasizes the importance of compliance with the specific procedures outlined in the Ordinance, particularly in matters of tenant rights and landlord claims. This case serves as a significant reference for future disputes regarding tenant rights and the obligations of landlords under the Sindh Rented Premises Ordinance, highlighting key legal principles and procedural requirements that must be adhered to in similar cases. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
IMAM ALI G. KAZI, J
|
| Lawyers |
Mr. Mehar Hussain Mesawa,
Mr. S. Inayat Ali
|
| Petitioners |
GHAFFAR
|
| Respondents |
GHAFOOR BHAI deceased through his legal representatives
|
| Citations |
1990 SLD 118,
1990 PLJ 341
|
| Other Citations |
Not available
|
| Laws Involved |
Sindh Rented Premises Ordinance, 1979,
Civil Procedure Code (V of 1908)
|
| Sections |
1519(5),
152(i),
4(2)
|