| Case ID |
eb2c33dd-d8f9-458c-84d8-e52a4bdab378 |
| Body |
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| Case Number |
First Rent Appeal No. 152 of 1993 |
| Decision Date |
Apr 25, 1993 |
| Hearing Date |
|
| Decision |
The appeal was dismissed as the eviction application filed by the landlords was found not maintainable. The court ruled that the premises in question were commercial in nature, and hence, fell outside the purview of the Sindh Rented Premises Ordinance. The evidence presented indicated that the landlords required the premises for reconstruction, but the application was still deemed not maintainable based on the definitions provided in the Ordinance. The court concluded that the application for eviction could not proceed under the current legal framework. |
| Summary |
This case revolves around the application for eviction of tenants from a commercial property under the Sindh Rented Premises Ordinance. The landlords, Noor Timber Importers, sought to evict Haji Deen Muhammad and Sons on the grounds of needing the property for reconstruction. The Sindh High Court, presided by Judge Syed Haider Ali Pirzada, reviewed the case and determined that the eviction application was not maintainable, given that the premises were classified as a commercial plot. The court emphasized the definitions of 'land' and 'premises' within the Ordinance, which excluded industrial properties from its provisions. The decision highlighted the importance of adhering to the legal definitions when applying for eviction under the Sindh Rented Premises Ordinance. This case is significant in understanding the application of rental laws in Pakistan, particularly in differentiating between residential and commercial tenancies, and sets a precedent for future eviction applications in similar contexts. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED HAIDER ALI PIRZADA, J
|
| Lawyers |
Syed Nasir Hussain Zaidi
|
| Petitioners |
NOOR TIMBER IMPORTERS
|
| Respondents |
Haji DEEN MUHAMMAD AND SONS
|
| Citations |
1994 SLD 1261,
1994 CLC 602
|
| Other Citations |
Bashir Ahmad v. Mst. Zubeda Khatoon 1983 CLC 390,
Bashir Ahmad v. Additional District Judge, Gujranwala and others 1985 SCMR 955
|
| Laws Involved |
Sindh Rented Premises Ordinance
|
| Sections |
2(a),
2(e),
2(h),
3,
15(2)(vi)
|