| Case ID |
f851fdbb-bc2e-4efd-9e2b-6e2cf05fd373 |
| Body |
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| Case Number |
Constitution Petition No.9 of 2003 |
| Decision Date |
Dec 19, 2005 |
| Hearing Date |
Dec 19, 2005 |
| Decision |
The Sindh High Court dismissed the constitutional petition filed by the petitioners against the order of the IIIrd Additional District and Sessions Judge, Karachi (South), which allowed the landlord's appeal and directed the tenants to vacate the premises. The court held that the order under section 16(2) of the Sindh Rented Premises Ordinance was indeed appealable and that the petitioners' arguments regarding the interim nature of the order were not valid. Consequently, the petitioners were granted a period of three months to vacate the premises. |
| Summary |
In the case of Constitution Petition No.9 of 2003, the Sindh High Court dealt with a conflict between a landlord and tenants under the Sindh Rented Premises Ordinance, 1979. The landlord had sought to strike off the tenant's defense based on non-compliance with a rent order. The court examined the appealability of the order under section 16(2) and concluded that it was a final order rather than an interim one. As a result, the court dismissed the tenants' constitutional petition, emphasizing the importance of adhering to judicial rent orders. This case highlights the legal framework governing landlord-tenant disputes in Sindh, focusing on procedural nuances and the implications of non-compliance with rent regulations. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ATHER SAEED, J
|
| Lawyers |
Muhammad Qasim Mirjat, A.A.-G. Sindh,
Iqbal Ahmed
|
| Petitioners |
DIRECTOR, EXCISE AND TAXATION
|
| Respondents |
MUHAMMAD AMIN WAQF
|
| Citations |
2006 SLD 2295,
2006 CLC 1655
|
| Other Citations |
Gurdasmal v. Pahlaj Ram and another 1986 CLC 43,
Mrs. Zubaida Begum v. Mrs. S.T. Naqvi 1986 SCMR 261,
Mst. Anwar Fatima and 5 others v. Muhammad Ali Mutlaq PLD 1986 Kar. 252,
Mrs. Khairun Nisa and another v. Mrs. Mehrun Nisa 1990 CLC 661,
Gatron (Industries) Limited v. Government of Pakistan 1999 SCMR 1072,
Muhammad Sharif and another v. Muhammad Afzal Sohail and others PLD 1981 SC 246,
Saifullah v. Muhammad Bux and 2 others 2003 MLD 480,
Secretary to the Government of the Punjab Forest Department, Punjab, Lahore v. Ghulam Nabi and 3 others PLD 2001 SC 415,
Messrs Mehraj (Pvt.) Ltd. Miss Laima Saeed and others 2003 MLD 1033,
Hafiz Shafatullah v. Mst. Shamim Jahan and another PLD 2004 Kar. 502
|
| Laws Involved |
Sindh Rented Premises Ordinance,
Constitution of Pakistan
|
| Sections |
16(1),
16(2),
21,
199
|