| Case ID |
5134d0c1-8c0e-48e8-b261-bce2739eb7e2 |
| Body |
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| Case Number |
Civil Appeal No.510 of 1998 |
| Decision Date |
Apr 01, 2009 |
| Hearing Date |
Feb 12, 2009 |
| Decision |
The Supreme Court of Pakistan dismissed the appeal made by Muhammad Shafi against the State Life Insurance Corporation regarding his tenancy rights. The court found that the induction of his two brothers as partners did not exempt him from the stipulations of the Sindh Rented Premises Ordinance, specifically Section 15, which mandates that any transfer of tenancy rights requires prior consent from the landlord. The court emphasized that the mere acceptance of rent cheques from the partnership firm did not create an estoppel against the landlord's rights. Consequently, the tenant's appeal was rejected, but the court granted a six-month period for the tenant to vacate the commercial premises. |
| Summary |
In the case of Civil Appeal No.510 of 1998, the Supreme Court of Pakistan dealt with critical issues surrounding tenancy rights under the Sindh Rented Premises Ordinance, 1979. The core of the dispute was whether Muhammad Shafi could continue to hold tenancy rights after inducting his brothers as partners in his business without obtaining the landlord's consent. The court ruled that such an action constituted a breach of the lease agreement and rendered him liable for ejectment as per Section 15 of the Ordinance. The judgment highlighted the importance of maintaining landlord-tenant relationships and the necessity for tenants to adhere strictly to legal stipulations regarding tenancy rights and obligations. This ruling reinforces the legal framework surrounding commercial tenancy and the rights of landlords in Pakistan, making it a significant case for future tenancy disputes. Keywords such as landlord-tenant relationships, tenancy rights, and commercial premises are vital for understanding the implications of this case. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SABIHUDDIN AHMED,
SARMAD JALAL OSMANY
|
| Lawyers |
Mr. Iqbal Kazi,
Mian Mushtaq Ahmed
|
| Petitioners |
MUHAMMAD SHAFI
|
| Respondents |
STATE LIFE INSURANCE CORPORATION
|
| Citations |
2009 SLD 1719,
2009 SCMR 893
|
| Other Citations |
Saeeda Begum v. Shameem Ahmed 1994 SCMR 791,
Habibullah v. Rent Controller Peshawar 1998 SCMR 2656,
Manek J. Mobed and another v. Shah Behram and others PLD 1974 SC 351,
Muhammad Subhan and another v. Mst. Bilquis Begum through Legal Heirs and 3 others reported in 1994 SCMR 1507(2)
|
| Laws Involved |
Constitution of Pakistan, 1973,
Sindh Rented Premises Ordinance (XVII of 1979)
|
| Sections |
185(3),
15
|