| Case ID |
37381d34-6102-47ff-92ee-9787bf45fe75 |
| Body |
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| Case Number |
C.P. No. S-203 of 2004 |
| Decision Date |
Sep 30, 2014 |
| Hearing Date |
Sep 02, 2014 |
| Decision |
The Sindh High Court allowed the constitutional petition filed by the petitioner, Muhammad Farooq, against the order of the appellate court which had dismissed the ejectment petition on the grounds that the relationship of landlord and tenant was not established. The High Court found that the appellate court had misinterpreted the evidence by favoring a mere sale agreement over a registered sale deed. The court ruled that the tenant, Muhammad Azam, was required to vacate the tenement and hand over possession to the landlord within a specified period, thereby reinforcing the rights of landlords under the Sindh Rented Premises Ordinance. |
| Summary |
This case revolves around the eviction of a tenant under the Sindh Rented Premises Ordinance. The petitioner, Muhammad Farooq, sought to evict the respondent, Muhammad Azam, due to default in rent payment and a dispute over the landlord-tenant relationship. The key issue was whether a sale agreement held by the tenant could negate the established landlord-tenant relationship. The High Court emphasized that the mere existence of a sale agreement does not confer ownership or rights to a tenant against a valid registered sale deed. The court's decision underscores the importance of adhering to legal protocols in property transactions and tenant evictions, reaffirming the legal principle that ownership must be established through formal documentation. The ruling serves as a precedent in similar cases involving landlord rights and tenant disputes, making it a significant reference in property law within Pakistan. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
NAZAR AKBAR, J
|
| Lawyers |
Saeed-ud-Din Siddiqui,
Muhammad Yousif Leghari
|
| Petitioners |
MUHAMMAD FAROOQ
|
| Respondents |
MUHAMMAD AZAM
|
| Citations |
2015 SLD 3146,
2015 MLD 1721
|
| Other Citations |
Iqbal and 6 others v. Rabia Bibi PLD 1991 SC 242,
2000 SCMR 1604,
2011 SCMR 320
|
| Laws Involved |
Sindh Rented Premises Ordinance (XVII of 1979),
Constitution of Pakistan
|
| Sections |
15,
199
|