| Case ID |
67d55ec6-1f99-4206-98e6-cff81c6f9ba7 |
| Body |
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| Case Number |
First Rent Appeal No. 341 of 1990 and F.RA. No. 20 |
| Decision Date |
Oct 13, 1994 |
| Hearing Date |
Oct 13, 1994 |
| Decision |
The court held that Mst. Rashida Afsar, the wife of the tenant Muhammad Afsar, must be impleaded as a necessary party in the eviction proceedings. The court found that she had been living in the premises and paying rent since her husband went missing in 1985. The ex parte eviction order passed by the Rent Controller was set aside, and the case was remanded for reconsideration with the inclusion of the tenant's wife as a respondent. This decision aims to prevent landlords from potentially committing fraud by evicting tenants without their right to be heard. The court emphasized the importance of including all parties who have an interest in the tenancy to ensure fair legal proceedings. |
| Summary |
The case revolves around the eviction proceedings initiated by Messrs Kazi and Sons against tenant Muhammad Afsar, with his wife Mst. Rashida Afsar seeking to be included as a party after her husband went missing in 1985. The Sindh High Court addressed the legal implications of tenant eviction under the Sindh Rented Premises Ordinance and the Civil Procedure Code, focusing on the necessity of all interested parties being present in such cases. The court's decision to remand the case and allow Mst. Rashida Afsar to defend her position highlights the importance of protecting tenant rights and preventing fraudulent evictions. This case underscores the legal principle that occupants of rented premises, even if not formally recognized as tenants, have a right to be heard in eviction proceedings. Key legal terms include tenant rights, eviction laws, and the implications of the Civil Procedure Code on tenancy disputes. |
| Court |
Sindh High Court
|
| Entities Involved |
|
| Judges |
SALAHUDDIN MIRZA, J
|
| Lawyers |
Tanveer Ahmad for Appellant,
Manzoorul Haq for Respondents
|
| Petitioners |
Mst. RASHIDA AFSAR
|
| Respondents |
another,
Messrs KAZI AND SONS
|
| Citations |
1995 SLD 905,
1995 CLC 178
|
| Other Citations |
1990 CLC 1320,
PLD 1986 Kar. 70
|
| Laws Involved |
Sindh Rented Premises Ordinance,
Civil Procedure Code
|
| Sections |
15,
0.1, R.10
|