| Case ID |
f8cdb0bf-2da4-47de-be44-61cfff1036bd |
| Body |
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| Case Number |
Constitution Petition No.S-1223 of 2017 |
| Decision Date |
Mar 18, 2021 |
| Hearing Date |
Sep 25, 2020 |
| Decision |
The High Court dismissed the constitutional petition filed by the tenants challenging the eviction order based on default in payment of rent. The judgment highlighted that the tenants failed to establish timely payment of rent and that the landlord's claims were accepted based on sworn testimony. The court emphasized that the tenant has the burden to prove timely payment and cannot plead non-payment due to the landlord's collection efforts. The decision reinforces the principles of the Sindh Rented Premises Ordinance, particularly regarding the obligations of tenants in rental agreements. |
| Summary |
The case revolves around a constitutional petition filed by tenants against an eviction order based on alleged default in rent payments under the Sindh Rented Premises Ordinance, 1979. The court found that the tenants had not paid rent for the months of March and April 2004 and could not provide sufficient evidence to dispute the landlord's claims. The judgment underscores the tenant's duty to pay rent punctually and the legal ramifications of failing to do so. This case serves as a significant reference for landlords and tenants regarding rental obligations and the judicial process in eviction cases. Key aspects include the burden of proof on tenants for timely rent payments, the importance of sworn statements by landlords, and the limitations of constitutional jurisdiction in challenging lower court findings. The ruling is crucial for understanding tenant rights and responsibilities, making it essential for legal practitioners and parties involved in landlord-tenant disputes. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Salahuddin Panhwar
|
| Lawyers |
Azizullah Kumbhar for Petitioner No.1,
Abdul Qadir Khan,
Ms. Shabana,
Aftab Ali for Petitioners Nos.2 and 3
|
| Petitioners |
2 Others,
Muhammad Naveed
|
| Respondents |
2 Others,
VIIITH Additional District Judge, Karachi South
|
| Citations |
2021 SLD 2495,
2021 MLD 1298
|
| Other Citations |
PLD 1980 SC 298,
2005 CLC 3,
PLD 1990 SC 681,
2001 SCMR 1888,
1991 MLD 1393,
2012 SCMR 177,
PLD 2008 Kar. 205,
PLD 1990 SC 389,
1987 SCMR 1313,
1998 MLD 903,
1993 SCMR 207,
1993 MLD 1817,
2006 SCMR 1872,
1999 MLD 3312,
1995 CLC 1351,
1994 SCMR 1900,
2008 YLR 10,
2015 CLC 310,
2017 CLC 656,
2017 CLC 112,
1985 CLC 34,
1990 CLC 1324,
1983 CLC 1451
|
| Laws Involved |
Sindh Rented Premises Ordinance, 1979
|
| Sections |
13
|