| Case ID |
3d78cca9-0edc-4163-b9c4-f962790ab2fa |
| Body |
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| Case Number |
Civil Appeal No.62-K of 2013 |
| Decision Date |
Oct 23, 2013 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan upheld the findings of the lower courts, which determined that the appellant was indeed a tenant of the premises in question. The court ruled that under Section 2(j) of the Sindh Rented Premises Ordinance, 1979, each legal heir of a deceased tenant automatically becomes a tenant upon the tenant's death. The appellant's claim of having purchased the property was not sufficient to displace this legal standing. Consequently, the appeal was dismissed, affirming the landlord-tenant relationship and the appellant's liability for rent payments. |
| Summary |
In the case of Muhammad Nisar vs. Izhar Ahmed Shaikh, the Supreme Court of Pakistan addressed significant issues regarding tenancy rights under the Sindh Rented Premises Ordinance, 1979. The court found that following the death of a tenant, all legal heirs inherit the tenancy rights, thus establishing a landlord-tenant relationship. This ruling emphasized the importance of legal documentation in property transactions, particularly in cases where claims of ownership are made posthumously. The case serves as a critical reference point for future disputes involving tenancy and inheritance, highlighting the need for clarity in agreements to sell and the legal implications of tenancy laws. Key keywords include 'tenancy rights', 'landlord-tenant relationship', 'Sindh Rented Premises Ordinance', 'property law', and 'legal heirs'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ANWAR ZAHEER,
JAMALI,
SARMAD JALAL OSMANY
|
| Lawyers |
Ch. A. Rasheed,
Ghulam Qadir Jatoi,
Khaleeq Ahmed
|
| Petitioners |
MUHAMMAD NISAR
|
| Respondents |
IZHAR AHMED SHAIKH
|
| Citations |
2014 SLD 1321,
2014 PLD 347
|
| Other Citations |
Shameem Akhtar v. Muhammad Rashid PLD 1989 SC 575,
Mst. Azeeman Nisar Begum v. Mst. Rabia Bibi PLD 1991 SC 242,
Muhammad Rafiq v. Messrs Habib Bank Ltd. 1994 SCMR 1012,
Mst. Bore Bibi v. Abdul Qadir 1996 SCMR 877
|
| Laws Involved |
Sindh Rented Premises Ordinance, 1979
|
| Sections |
2(j),
15
|