| Case ID |
d78a5ce7-6acd-4a65-9801-33982e924424 |
| Body |
View case body. Login to View |
| Case Number |
First Rent Appeal No. 1109 of 1987 |
| Decision Date |
Jul 18, 1993 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the appeal filed by the appellants, ruling that the ejectment application was not maintainable as it was filed before the expiry of the lease agreement. The court found that the landlords had agreed to allow the tenants two consecutive options for renewal of the lease, which had been exercised by the tenants. The landlords' claims regarding personal bona fide need were deemed insincere, particularly as the application was filed prematurely. The court emphasized that the evidence indicated that the landlords had no valid grounds for ejectment and could not seek eviction on the basis of increased rent as they had previously agreed not to file for ejectment under such circumstances. The court noted that the appellants could file a fresh application for ejectment as the lease period had expired during the appeal. |
| Summary |
In the case of First Rent Appeal No. 1109 of 1987, the Sindh High Court dealt with a tenancy dispute under the Sindh Rented Premises Ordinance of 1979. The case revolved around the maintainability of an ejectment application filed by landlords against their tenants before the expiry of an agreed-upon lease period. The court highlighted the importance of adhering to contractual agreements, particularly regarding lease renewals and the conditions under which ejectment can be sought. The judgment provided clarity on tenant rights and the obligations of landlords, reinforcing the principle that premature applications for ejectment are not permissible. The decision underscored the necessity for landlords to demonstrate bona fide personal need for the premises, which was not sufficiently established in this case. This ruling serves as a significant precedent for similar future disputes, emphasizing the protection of tenant rights within the framework of the Sindh Rented Premises Ordinance. |
| Court |
Sindh High Court
|
| Entities Involved |
KASSIM ALI,
Messrs PAKISTAN BURMAH SHELL LIMITED
|
| Judges |
IMAM ALI G. KAZI, J
|
| Lawyers |
Nisarally,
Amjad Hussain
|
| Petitioners |
6 others,
KASSIM ALI
|
| Respondents |
Messrs PAKISTAN BURMAH SHELL LIMITED
|
| Citations |
1994 SLD 1259,
1994 CLC 588
|
| Other Citations |
PLD 1984 SC 38,
PLD 1985 SC 148,
1984 CLC 969,
1991 SCMR 1185,
PLD 1978 SC 220,
PLD 1964 SC 106,
1986 PLC 735,
1980 SCMR 339,
1992 SCMR 1152,
1989 SCMR 1356,
1981 SCMR 895,
1992 MLD 1155,
PLD 1988 SC 191,
PLD 1971 SC 82,
PLD 1965 SC 698
|
| Laws Involved |
Sindh Rented Premises Ordinance (XVII of 1979)
|
| Sections |
5,
15(2)(vii)
|