| Citation(s) |
|---|
| 2001 SLG 2359 2001 SLD 2359 2001 CLC 438 |
Sindh High Court
First Rent Appeal No.494 of 1998, decision dated: 15-11-2000
SYED ALI ASLAM, JAFRI, J
Miss Sofia Saeed for Appellant. Hafiz A. Baqi for
Respondents
First Rent Appeal No.494 of 1998, decision dated: 15-11-2000
SYED ALI ASLAM, JAFRI, J
Miss Sofia Saeed for Appellant. Hafiz A. Baqi for
Respondents
Mrs. SULTANA BEGUM
VS
MANSOOR JAVEED and another
Law:
Section:
(a) Sindh Rented Premises Ordinance (XVII of 1979)-------S. 5---Attestation of rent agreement---Rent agreement executed before coming into force of Sindh Rented Premises Ordinance, 1979 would not require any attestation by the Rent Controller or the First Class Magistrate. (b) Sindh Rented Premises Ordinance (XVIQ of 1979)--- ----Ss. 19 & 20---Civil Procedure Code (V of 1908), S.1---Applicability of Civil Procedure Code---Code of Civil Procedure was not applicable to cases under Sindh Rented Premises Ordinance 1979 on all fours. Habib Bux v. Zahoor-ul-Hassan 1986 CLC 1119 ref. (c) Sindh Rented Premises Ordinance (XVB of 1979)--- ----S. 15(2)---Ejectment application---Maintainability---Procedure---If verification of ejectment application was not duly attested, such omission was a mere irregularity and could be cured at any stage by directing the party to get the formality observed---Application could not be held as not maintainable for such an omission. Alif Din v. Khadim HAssain 1980 SCMR 767; Muhammad Akbar v. Shaikh Nasiruddin 1991 MLD 1338; Shafique Ahmad v. Abdul Rehman 1987 MLD 2243; Allauddin v. Ghazanfar Ali and another 1988 CLC 1343; Messrs Aziz Flour Mills and 2 others v. The Industrial Development Bank of Pakistan 1990 CLC 1473 and Muhammad Munshi and another v. Mst. Rakiya Bi 1990 CLC 301 ref. JUDGMENT This first rent appeal is directed against the judgment, dated 29-5-1998 passed by the learned VI Rent Controller, Karachi-East, dismissing Rent Case No.752 of 1993 filed by the present appellant/landlady (hereinafter referred as applicant) seeking ejectment of Mansoor Javeed and Shakeel Ahmad (hereinafter referred as opponents) from the first floor of the premises/building situated on Plot bearing No.430-C, Central Commercial Area, Allama Iqbal Road, PECHS, Karachi, (hereinafter referred as demised premises) on the ground of default and sub-letting. The learned Rent Controller issued notices to the opponents who filed their joint written statement denying the ownership of the applicant/landlady in respect of the demised premises. However, they admitted that the demised premises was let out to opponent No. l by the applicant as back as in 1974. It…
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