| Case ID |
67b2681a-1049-486b-a112-4e6b30b69947 |
| Body |
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| Case Number |
Constitutional Petition No.S-378 of 2009 |
| Decision Date |
Jan 15, 2014 |
| Hearing Date |
Nov 21, 2013 |
| Decision |
The Sindh High Court upheld the decision of the learned 5th Rent Controller, Karachi South, by dismissing the constitutional petition filed by Mrs. Shabana Anjum. The petitioner challenged the ejectment of her husband, Muhammad Shahzad Sultani, arguing procedural and substantive aspects of the eviction process. The court affirmed the landlord’s right to evict the tenant for personal bona fide needs, citing the Sindh Rented Premises Ordinance, General Clauses Act, and Constitution of Pakistan. The petitioner’s appeal was deemed time-barred and lacking locus standi, leading to the dismissal of the petition and the affirmation of the eviction order against the tenant. |
| Summary |
In the case of Constitutional Petition No.S-378 of 2009, decided on January 15, 2014, by the Sindh High Court, the petitioner, Mrs. Shabana Anjum, challenged the eviction of her husband, Muhammad Shahzad Sultani, from the demised premises owned by respondent Muhammad Gulzar. The eviction was based on the landlord's personal bona fide need under the Sindh Rented Premises Ordinance (XVII of 1979), as well as provisions from the General Clauses Act, 1897, and the Constitution of Pakistan, 1973. The court examined the legality of the eviction process, including the service of notice and the timeliness of the appeal filed by the petitioner. Key points included the landlord's right to select premises for personal use, the adequacy of service of notice through multiple channels such as TCS courier and publication in 'Nawa-e-Waqt' newspaper, and the petitioner’s lack of locus standi to contest the eviction on behalf of her husband. The petitioner’s appeals under various sections of the Code of Civil Procedure were dismissed due to procedural lapses and the absence of a direct appeal by the tenant. The court referenced several precedents, including Pakistan Institute of International Affairs v. Naveed Merchant and Saira Bibi v. Syed Anees ur Rehman, to substantiate its decision. Ultimately, the Sindh High Court reaffirmed the eviction order, emphasizing the landlord's rights and the procedural correctness of the eviction process. The decision underscores the judiciary's support for landlords' rights to reclaim properties for legitimate personal needs while ensuring that eviction processes adhere strictly to legal protocols. Additionally, the dismissal of the petition without imposing costs highlights the court's stance on upholding lawful eviction practices and the necessity for petitioners to follow appropriate legal channels within stipulated timelines. This case serves as a significant reference for future tenancy disputes, emphasizing the importance of adhering to procedural requirements and the limited scope for tenants or their representatives to contest eviction orders absent direct involvement in the appeal process. |
| Court |
Sindh High Court
|
| Entities Involved |
Sindh High Court,
Rent Controller, Karachi South,
Nawa-e-Waqt,
TCS Courier Service
|
| Judges |
SYED MUHAMMAD FAROOQ SHAH, J
|
| Lawyers |
Shamshad Ali Qureshi,
Mirz,ad Sarfaraz Ahmed
|
| Petitioners |
Mrs. SHABANA ANJUM
|
| Respondents |
MUHAMMAD GULZAR
|
| Citations |
2014 SLD 92,
2014 PLD 295
|
| Other Citations |
Pakistan Institute of International Affairs v. Naveed Merchant,
Saira Bibi v. Syed Anees ur Rehman 1989 SCMR 1366,
Jehangir Rustum Kakalia v. Hashwani Sales Services 2002 SCMR 241,
Iqbal Book Depot v. Khatib Ahmed 2001 SCMR 1197,
F.K. Irani v. Begum Feroz 1996 SCMR 1178 rel.,
2011 SCMR 1306,
1992 SCMR 707,
2012 MLD 39,
2013 YLR 1584,
1985 CLC 256,
1985 SCMR 893,
1999 MLD 2132,
1996 MLD 821,
NLR 1980 Civil Lah. 509,
2000 CLC 1997,
1976 SCMR 79,
2009 MLD 7,
2000 SCMR 1197,
2000 SCMR 953,
PLD 2004 Kar. 203,
PLD 2007 Kar. 50,
2007 CLC 535 ref.
|
| Laws Involved |
Sindh Rented Premises Ordinance (XVII of 1979),
General Clauses Act, 1897,
Constitution of Pakistan, 1973
|
| Sections |
2(g),
13,
14,
15,
19,
21,
27,
199
|