| Case ID |
382eb035-0d38-4622-9f47-8a8d7aa22e63 |
| Body |
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| Case Number |
Constitutional Petition No.S-1258 of 2010 |
| Decision Date |
Jan 28, 2014 |
| Hearing Date |
Jan 28, 2014 |
| Decision |
The Constitutional Petition was dismissed by the Sindh High Court, affirming the findings of the appellate court regarding the default in payment of rent by the petitioners. The court emphasized that the burden of proof shifted to the tenants to affirmatively prove their payment of rent after the landlord testified that he had not received rent for the disputed period. The court ruled that merely attempting to pay rent after default did not absolve the tenants from the consequences of their actions. The court granted the petitioners 90 days to vacate the premises, subject to payment of due rent. |
| Summary |
In the case of Sindh High Court's Constitutional Petition No.S-1258 of 2010, the court addressed issues surrounding tenant eviction under the Sindh Rented Premises Ordinance. The petitioners, represented by Afaq Ahmed, contested their eviction based on claims of rent non-payment. The court analyzed the evidence, including the landlord's claim of non-receipt of rent and the tenants' assertion of payment via money order. The judgment highlighted the importance of timely rent payments and the implications of defaulting, ultimately leading to the dismissal of the petition. This case underscores the legal responsibilities of tenants regarding rent payments and the procedural requirements for establishing payment disputes, serving as a critical reference for future landlord-tenant disputes in Pakistan. |
| Court |
Sindh High Court
|
| Entities Involved |
Karachi,
Al-Noor Chambers
|
| Judges |
ABDUL MAALIK GADDI, J
|
| Lawyers |
Afaq Ahmed for Petitioners,
Syed Muhammad Haider for Respondent No.1
|
| Petitioners |
2 others,
MUHAMMAD RIAZ SHAIKH
|
| Respondents |
2 others,
IFTIKHARUDDIN
|
| Citations |
2014 SLD 1851,
2014 CLC 1695
|
| Other Citations |
Ghulam Nabi v. Noushad Ali and 2 others 2010 MLD 1543,
1995 SCMR 330,
1986 CLC 705 (Kar),
1990 MLD 1667,
1989 SCMR 1670,
1992 SCMR 46,
Razia Sultana v. Muhammad Hasan Khan 1991 CLC 632,
199 YLR 230
|
| Laws Involved |
Sindh Rented Premises Ordinance (XVII of 1979),
Constitution of Pakistan
|
| Sections |
10,
13,
15,
199
|