| Citation(s) |
|---|
| 2026 SLG 727 2026 SLD 727 = 2026 SHC 67 |
Sindh High Court
CP No.S-196 of 2022
Presented By: Nisar Ahmed Bhanbhro, J.
Petitioner : Muhammad Saeed Khan through M/s. Khalid Javed and Munawar-uz- Zaman Juna, advocates
Respondent No.1&2 : through Mr. Pervaiz Ahmed Mastoi, Assistant Advocate General Sindh
Respondent No.3 : through Mr. Usman Tufail Sheikh, advocate Applicant/Intervener : through M/s. Haq Nawaz Talpur and Najam Nek Markhand, advocates Date of hearing : 23.12.2025 Date of announcement : 21.01.2026
CP No.S-196 of 2022
Presented By: Nisar Ahmed Bhanbhro, J.
Petitioner : Muhammad Saeed Khan through M/s. Khalid Javed and Munawar-uz- Zaman Juna, advocates
Respondent No.1&2 : through Mr. Pervaiz Ahmed Mastoi, Assistant Advocate General Sindh
Respondent No.3 : through Mr. Usman Tufail Sheikh, advocate Applicant/Intervener : through M/s. Haq Nawaz Talpur and Najam Nek Markhand, advocates Date of hearing : 23.12.2025 Date of announcement : 21.01.2026
[Muhammad Saeed Khan
VS
The District Judge East Karachi and 2 others]
Law: Sindh Rented Premises Ordinance, 1979
Section: 10,15
Law: Code Of Civil Procedure, 1908.
Section: order 1 rule 10
Case Summary: The petitioner, Muhammad Saeed Khan, was a tenant under a 30-year registered lease (1998–2028) with M/s. Karachi Aero Club (G) Limited Company (landlord) for commercial premises (Survey No.633, Gulshan-e-Iqbal, Karachi). The landlord filed a rent case seeking ejectment on grounds of default in rent and alleged change in land use (establishment of CNG station instead of petroleum site). The petitioner contended that rent had been paid in advance and through proper channels, and no breach of lease occurred. The landlord failed to prove default; even records showed rent paid up to December 2025. Courts below held that rent was in default and granted eviction, partly based on delays and short payments. The petitioner challenged these findings. The High Court found the lower courts’ conclusions self-contradictory and unsupported by evidence. It held that: No actual default existed since rent was deposited in advance. CNG station use was permissible as CNG is considered a petroleum product under relevant laws. Landlord’s claim to ownership did not affect tenancy; SRPO allows collection of rent to constitute landlord status. Decision: The petition was allowed, eviction orders were set aside, and the landlord’s rent application was dismissed. Costs were borne by parties themselves. Sections Used: Section 10, SRPO 1979 – Mode of payment of rent. Section 15, SRPO 1979 – Grounds and conditions for ejectment of tenant. Order 1, Rule 10, CPC – Intervention/impleadment of parties. Two 2-Word Descriptions: Tenant Protection Rent Dispute O R D E R By way of this petition, the petitioner has called in question the judgement dated 02.02.2022 passed by the Court of Learned District Judge Karachi East (`appellate Court`) in First Rent Appeal No.125 of 2021 (re: Muhammad Saeed Khan v. M/s. Karachi Aero Club (G) Limited Company and another), whereby order dated 11.10.2021 passed by the Court of learned Rent Controller-X, Karachi, East (`trial Court`), allowing the ejectment application in Rent Case No.142 of 2019 (re: M/s. Karachi Aero Club (G) Limited Company V. Muhammad Saeed Khan) was maintained. It is the case…