Law: Sindh Rented Premises Ordinance, 1979

Section: 5

Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.5---Tenancy agreement, essentials of---Onus on person to prove he / she was a tenant in a premises, discharge of---Scope, who claimed to be tenant of premises which were ordered to be auctioned during proceedings of Special Court (Offences in Bank), impugned notice of Official Assignee asking him to vacate premises and contended that he being a tenant could not be dispossessed without due course of law---Validity---Rent agreement relied upon by petitioner was required to be attested by Rent Controller or Civil Judge/Magistrate per S.5 of Sindh Rented Premises Ordinance, 1979 which was not done and status of petitioner as tenant could not be established---Alleged rent agreement did not contain names and signatures of any witnesses although columns for the same were available---Present petition was therefore an attempt to frustrate proceedings of auction---Constitutional petition was dismissed, in circumstances. ORDER Urgency granted. 2 to 5. The Petitioner is claiming to be the tenant of an apartment / office bearing No. 302 at 3rd Floor in a tenement built over the Plot No.18C, Ittehad Lane-1, DHA, Karachi. It is alleged that Respondent No.4 has put the Petitioner under tenancy through an agreement dated 01.07.2013, wherein the Petitioner is running his business of advertising agency. As per memo. of petition, the Petitioner has paid rent regularly and he has also deposited an amount of Rs.60,000/- as security towards the tenancy. It is submitted that regarding some embezzlement, an FIR has been lodged by the National Bank of Pakistan (The State v. Sadaf Siddiqui and others), which was pending adjudication before the Special Court (Offences in Banks), Sindh at Karachi (Respondent No.2) and during the pendency of the said case, Respondent No.4 applied / offered for public sale/auction of the assets held under in his name including the aforementioned property to settle the liability against him. The Respondent No.2 has issued directions to the learned Official Assignee for public auction of the said properties including the premises in question. It is alleged by the Petitioner that regarding the said…

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