| Case ID |
e26fd6d1-d31d-4d6f-94a6-98eafb535ea7 |
| Body |
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| Case Number |
Constitution Petition No. S-830 and M.A. No. 2021 |
| Decision Date |
Oct 03, 2019 |
| Hearing Date |
|
| Decision |
The case involves the application for eviction of a tenant under the Sindh Rented Premises Ordinance, 1979. The petitioner contended that the eviction proceedings were not valid as they were filed by an attorney without proper General Power of Attorney establishing valid agency. The court held that the matter of the power of attorney rested solely between the principal (landlady) and her attorney, and the tenant had no grounds to challenge the authority of the attorney as long as the Power of Attorney complied with the relevant laws. No defects were identified in the proceedings, and the constitutional petition was dismissed for lack of merit. |
| Summary |
This case pertains to eviction proceedings under the Sindh Rented Premises Ordinance, 1979, where the tenant challenged the validity of the authority of the attorney representing the landlady. The court emphasized that the tenant cannot question the agency as it is a matter between the principal and the attorney. The decision reinforces the importance of adhering to the Powers-of-Attorney Act, 1882. The ruling clarifies that as long as the Power of Attorney is compliant with the law, eviction proceedings remain valid. This case highlights key legal principles regarding power of attorney and tenant rights, making it significant for legal practitioners in landlord-tenant disputes. |
| Court |
Sindh High Court
|
| Entities Involved |
|
| Judges |
MAHMOOD A. KHAN, JUSTICE
|
| Lawyers |
Syed Muhammad Waseem Shah,
Parkash Kumar,
Wali Muhammad Jamari
|
| Petitioners |
|
| Respondents |
6 OTHERS,
NANKI BAI
|
| Citations |
2020 SLD 1679,
2020 CLC 1599
|
| Other Citations |
Not available
|
| Laws Involved |
Powers-of-Attorney Act, 1882,
Sindh Rented Premises Ordinance, 1979
|
| Sections |
2,
15
|