| Case ID |
43fec5a8-dcc0-4148-b027-24ae83c6f272 |
| Body |
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| Case Number |
First Rent Appeal No. 513 of 1988 |
| Decision Date |
Sep 22, 1992 |
| Hearing Date |
|
| Decision |
The appeal under section 21 of the Sindh Rented Premises Ordinance, 1979 has been accepted. The respondents are directed to vacate the premises in question within six months, provided they continue to deposit current and future rent in accordance with the Controller's order. The reasoning of the Rent Controller was found to be untenable, as it was established that landlords are not required to issue rent receipts with counterfoils, and the absence of such receipts does not imply that rent was paid. The parties are left to bear their own costs. |
| Summary |
This case revolves around the interpretation of the Sindh Rented Premises Ordinance and the obligations of landlords regarding rent receipts. The landlords alleged that the tenant had defaulted on rent for 85 months, while the tenant contended that the landlords never issued rent receipts. The Rent Controller dismissed the landlord's ejectment application based on the absence of rent receipts. However, the High Court found the Controller's reasoning to be flawed, clarifying that landlords are not mandated to provide receipts and that the absence of receipts does not necessarily indicate payment of rent. This ruling emphasizes the importance of evidence in rent disputes and clarifies landlord-tenant dynamics under the relevant laws. The ruling is significant for landlords seeking eviction based on non-payment and underscores the necessity of proper documentation in rental agreements. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
HAZIQUL KHAIRI, J
|
| Lawyers |
Ismail Padhiar for Appellants,
S. Hassan Asghar for Respondent
|
| Petitioners |
SHABBIR and 2 others
|
| Respondents |
ABDUL HANNAN through Legal Heirs
|
| Citations |
1994 SLD 1254 = 1994 CLC 578
|
| Other Citations |
Not available
|
| Laws Involved |
Sindh Rented Premises Ordinance (XVII of 1979),
West Pakistan Urban Rent Restriction Ordinance 1959
|
| Sections |
10,
15(2)(ii),
13
|