| Case ID |
f70bdf8f-28b4-444a-a147-2366012ad311 |
| Body |
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| Case Number |
First Rent Appeal No. 733 of 1991 |
| Decision Date |
Jan 28, 1993 |
| Hearing Date |
Jan 26, 1993 |
| Decision |
The appeal has been dismissed as the appellants failed to prove payment of rent for the disputed period and the landlord's personal requirement for the premises was established. The court emphasized that legal heirs of a deceased tenant are liable for the default of the original tenant. The Rent Controller's decision to evict the tenants was upheld, and the tenants were granted four months to vacate the premises. |
| Summary |
In the case of First Rent Appeal No. 733 of 1991, the Sindh High Court addressed the complexities surrounding tenant eviction under the Sindh Rented Premises Ordinance of 1979. The case primarily revolved around default in rent payments and the bona fide needs of the landlord. The original tenant's heirs argued that they should not be held accountable for the original tenant's defaults; however, the court clarified that legal heirs are indeed liable for the obligations of the deceased tenant. The court found that the landlord had a legitimate personal requirement for the property, intending to start a business with his son. This case highlights the legal responsibilities of tenants and landlords under the Sindh Rented Premises Ordinance and sets a precedent for future disputes regarding tenant eviction and the rights of successors-in-interest. The decision emphasizes the importance of proving claims related to rent payments and personal needs in landlord-tenant disputes, ensuring that legal obligations are upheld in the face of changing circumstances. Keywords include tenant eviction, landlord's rights, Sindh Rented Premises Ordinance, legal heirs, rental disputes. |
| Court |
Sindh High Court
|
| Entities Involved |
|
| Judges |
SALAHUDDIN MIRZA, J
|
| Lawyers |
Shaikh Hamid Hassan,
Azhar Ali Siddiqui
|
| Petitioners |
,
Mst. RAZIA BEGUM
|
| Respondents |
GHULAM MOINUDDIN CHISHTI
|
| Citations |
1994 SLD 1108,
1994 CLC 1769
|
| Other Citations |
Haji Ahmed Haji Abdur Rehman v. Late Syed Nazir Hussain Shah PLD 1987 Kar. 603,
Zakullah and another v. Safdar and others 1986 SCMR 1873,
Muhammad Younus v. Mst. Hajra Bibi 1989 SCMR 1670,
Ahmed Mian v. Afzal Book Centre 1991 CLC 2076,
Mst. Razia Khatoon v. Abdul Razaq 1991 CLC 1236
|
| Laws Involved |
Sindh Rented Premises Ordinance (XVII of 1979)
|
| Sections |
15(2)(ii)
|