| Case ID |
d83784e1-b9dc-414f-88db-af604ade2731 |
| Body |
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| Case Number |
First Rent Appeal No.278 of 1997 |
| Decision Date |
Dec 10, 1998 |
| Hearing Date |
Nov 11, 1998 |
| Decision |
The appeal was allowed, setting aside the Rent Controller's order which had wrongly deemed the appellant a wilful defaulter. The case was remanded back to the Rent Controller for reconsideration of whether the appellant had defaulted in rent payment and whether the application for rent was maintainable. The court noted that the lack of clarity about the rightful landlord made it difficult for the tenant to comply with rent obligations, justifying the deposits made in court. |
| Summary |
In the case of First Rent Appeal No.278 of 1997, the Sindh High Court addressed issues of tenancy and eviction under the Sindh Rented Premises Ordinance, 1979. The appellant, Muhammad Azhar Butt, contested an order from the Rent Controller that labeled him a wilful defaulter in rent payments. The case involved conflicting claims over ownership of the property, leading to confusion for the tenant regarding whom to pay rent. The court emphasized the necessity for clear legal ownership documentation to support the claims of the respondents, which was lacking. The decision highlighted the procedural fairness expected in tenancy disputes, underscoring the importance of due process in determining rightful ownership and tenant obligations. This case is significant for legal practitioners dealing with tenant rights and property law, particularly in the context of ambiguous ownership claims and the implications for rent payment responsibilities. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MRS. MAJIDA RAZVI
|
| Lawyers |
Rizwan Ali-Dodani,
Syed Zahir Hussain Chishti
|
| Petitioners |
MUHAMMAD AZHAR BUTT
|
| Respondents |
3 others,
ANIS AHMED KHAWAJA
|
| Citations |
1999 SLD 1035,
1999 CLC 1663
|
| Other Citations |
Mst. Latifa Khanum v. Syed Zahoorul Hassan 1984 CLC 1009,
Muhammad Zaman Khan v. The Additional Chief Land Commissioner 1986 SCMR 1121
|
| Laws Involved |
Sindh Rented Premises Ordinance, 1979
|
| Sections |
15,
21
|