| Case ID |
e020aed0-4763-421f-9ab4-2fe3e9f238ad |
| Body |
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| Case Number |
First Rent Appeal No. 685 of 1991 |
| Decision Date |
Dec 24, 1992 |
| Hearing Date |
Oct 21, 1992 |
| Decision |
The appeal was dismissed as the evidence established that the landlord had adopted the practice of receiving rent in lump sums at irregular intervals, and the tenant was not in willful default of rent payment. The court found that the landlord failed to provide adequate proof of consistent rent collection practices, which weakened her claim against the tenant. The Rent Controller had exercised discretion in condoning the delay in payment of rent, and the appeal did not present sufficient grounds for interference with that decision. |
| Summary |
In the case of Mst. SAEEDA BANO vs. Messrs SAIMA SILK FACTORY, the Sindh High Court addressed the complexities surrounding rent payment defaults under the Sindh Rented Premises Ordinance. The court examined whether the landlord's practice of collecting rent in lump sums constituted a valid basis for eviction. Key points included the lack of evidence from the landlord to refute the tenant's claims of irregular payment practices and the court's emphasis on the necessity for landlords to maintain consistent collection practices. This case highlights the importance of documentation and transparency in landlord-tenant relationships, particularly regarding rent obligations. The ruling reinforces tenants' rights in scenarios where landlords do not adhere to established payment protocols, ensuring that tenants are not unjustly evicted based on inconsistent practices. Keywords such as 'landlord-tenant rights', 'rent payment disputes', and 'Sindh Rented Premises Ordinance' are pertinent for legal professionals and scholars focusing on tenancy law. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HUSSAIN ADIL KHATRI, J
|
| Lawyers |
M.M. Mahmudi,
S.M. Akhtar Rizvi,
Arshad Mubin
|
| Petitioners |
Mst. SAEEDA BANO
|
| Respondents |
Messrs SAIMA SILK FACTORY
|
| Citations |
1994 SLD 1124,
1994 CLC 1894
|
| Other Citations |
Hajiani Aisha and others v. Abdul Waheed PLD 1989 SC 489,
Amir Ali and others v. M/s. Burma Oil Mills Ltd. 1990 SCMR 1327,
Abdul Latif v. Munir Ahmed PLD 1987 Kar. 460,
Abdul Aziz v. Abdul Ghani 1986 SCMR 1857,
Haji Muhammad Qasim v. Mehran Ali 1983 SCMR 1205,
Malka Begum v. Mehar Ali Hashmi 1984 SCMR 755,
Abdul Rashid v. Saleh Muhammad 1980 SCMR 506,
Dr. Syed Waris Ali Tirmizi v. Liaqat Begum 1980 SCMR 601,
M/s. Tar Muhammad Janoo & Co. v. Tahir Ali and others 1981 SCMR 93
|
| Laws Involved |
Sindh Rented Premises Ordinance
|
| Sections |
15(2)(vii)
|