| Case ID |
67da12e8-d922-44a1-8bae-1ed67a2b947d |
| Body |
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| Case Number |
S-295 of 2009 |
| Decision Date |
Nov 06, 2009 |
| Hearing Date |
Oct 21, 2009 |
| Decision |
The Constitution Petition is therefore, dismissed in limine with listed application. In the present case, the delay in the deposit of rent was deemed contumacious as the petitioner failed to comply with the directions within the stipulated time frame and did not provide a plausible explanation for the delay. The Appellate Court upheld the findings of the Rent Controller and the trial Court, emphasizing the importance of adhering to court orders. The precedent cases cited did not provide sufficient grounds to alter this decision, as the issuer follows the strict view mandated by higher courts. Therefore, the petition was dismissed, reinforcing the legal obligations of tenants under the Sindh Rented Premises Ordinance. |
| Summary |
In the Sindh High Court's Constitutional Petition No. S-295 of 2009, dated November 6, 2009, Judge Shahid Anwar Bajwa presided over the case involving petitioner Mubashir Hussain Shah and respondents including the 1st Additional District and Sessions Judge, Karachi East. The core issue revolved around the non-compliance of rent deposit orders under the Sindh Rented Premises Ordinance (XVII of 1979), specifically sections 16(1) and 16(2). The tenant was directed to deposit arrears of rent from January to May 2007 within 30 days and future rent by the 10th of each month. The tenant deposited arrears on May 27, 2008, beyond the stipulated time without providing a plausible reason, leading to the defense being struck off and the Rent Controller's application being accepted. The petitioner appealed the trial court's decision but failed to present sufficient grounds, such as the claim of being unavailable for forty days due to religious travel, which did not adequately justify the delay. The court referenced multiple precedent cases, ultimately reaffirming the strict adherence to rent deposit orders. Consequently, the High Court dismissed the constitutional petition, emphasizing the importance of compliance with legal obligations in rental agreements and upholding the integrity of court orders under the prevailing laws. This case underscores the judicial system's stance on enforcing rental laws and the consequences of non-compliance, serving as a significant reference for future tenancy disputes in Pakistan. |
| Court |
Sindh High Court
|
| Entities Involved |
Rent Controller
|
| Judges |
SHAHID ANWAR BAJWA, J
|
| Lawyers |
Naeem Iqbal,
Ms. Mehrunisa
|
| Petitioners |
MUBASHIR HUSSAIN SHAH
|
| Respondents |
2 others,
1ST ADDITIONAL DISTRICT AND SESSIONS JUDGE, KARACHI EAST
|
| Citations |
2010 SLD 392,
2010 CLC 346
|
| Other Citations |
Mst. Fatim-un-Nisa and others v. Mrs. Zubaida 1990 SCMR 750,
Jamil Ahmad v. Mrs. Sultan Jehan Begum 1987 CLC 1391,
Jawaid Ashraf Khan v. Mst. Suriya Begum 1999 MLD 2886,
Babar Parvez v. Muhammad Saad 2000 CLC 1134,
Messrs Platinum Insurance Co. Ltd., v. Messrs State Life Insurance Corporation of Pakistan, 1991 MLD 1256,
G.Z. Malik v. Mrs. Khayyam Baig, PLD 1991 Kar. 370,
Messrs Pragma Leather Industries v. Mrs. Sadia Sajjad, PLD 1990 SC 724
|
| Laws Involved |
Sindh Rented Premises Ordinance (XVII of 1979),
Constitution of Pakistan (1973)
|
| Sections |
16(1),
16(2),
Art.199
|