| Case ID |
3816e60f-cb53-4c94-a36b-53ea540d51c8 |
| Body |
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| Case Number |
Constitution Petition No. S-671 of 2011 |
| Decision Date |
Dec 11, 2012 |
| Hearing Date |
Dec 05, 2012 |
| Decision |
The petitioner, Mst. Fakharunnisa, filed a constitutional petition challenging the concurrent findings of two lower courts regarding the ejectment of a tenant due to wilful default in rent payment. The court found that the petitioner had no locus standi in the matter as she was not a necessary party to the proceedings between the landlord and the tenant. The petition was dismissed with cost, affirming the decisions of the lower courts that the ejectment order was valid and that the petitioner could not claim ownership of the rented premises without a decree establishing her title. The court held that the proceedings under the Sindh Rented Premises Ordinance must be strictly adhered to, and the petitioner was not entitled to interfere in the landlord-tenant relationship. |
| Summary |
In the case of Mst. Fakharunnisa vs. Hassan Ali and others, the Sindh High Court addressed the issue of ejectment of a tenant under the Sindh Rented Premises Ordinance. The petitioner, claiming to be the ex-wife of the landlord, sought to intervene in the ejectment proceedings, asserting ownership of the premises. However, the court found that her application was rightly dismissed by the Rent Controller and the appellate court, as she was neither a necessary nor a proper party to the proceedings. The court emphasized that the petitioner had no standing to challenge the ejectment order, as it was not contested by the parties involved in the rent proceedings. The decision reinforced the importance of adhering to the procedural requirements set out in the relevant laws governing landlord-tenant relationships. The ruling highlights the limitations of claims made by individuals asserting ownership without appropriate legal backing, thus serving as a significant reference for future cases involving similar disputes. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED MUHAMMAD FAROOQ SHAH, J
|
| Lawyers |
Muhammad Arshad Pathan for Petitioner,
Naimatullah Soomro for Respondents,
Ch. Bashir Ahmed Asstt. A.G. for the State
|
| Petitioners |
Mst. FAKHARUNNISA
|
| Respondents |
3 others,
HASSAN ALI
|
| Citations |
2013 SLD 2417,
2013 YLR 603
|
| Other Citations |
Shakeel Ahmed v. Muhammad Tariq Farrogh 2010 SCMR 1925,
Messrs Mehraj Ltd. v. Miss. Laima Saeed 2003 SCMR 1033,
Raza Hussain v. District Judge Vehari 1986 SCMR 1267,
Syed Imran Ahmed v. Bilal and others PLD 2009 SC 546,
Muhammad Azam and another v. Muhammad Akram 2008 SCMR 1034
|
| Laws Involved |
Sindh Rented Premises Ordinance,
Civil Procedure Code,
Constitution of Pakistan
|
| Sections |
15,
V, O. I, R. 10,
Art. 199
|