| Citation(s) |
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| 2026 SLG 2274 2026 SLD 2274 = 2026 SHC 393 |
Sindh High Court
C.P.No. S-1240 OF 2023, C.P.No. S-630 OF 2025,C.P.No.S-124 of 2023
Presented By: Hon'ble Mr. Justice Zulfiqar Ali Sangi(Author)
Date of Hearing: 09-02-2026. Date of Judgment: 23-02-2026. Mr. Ansar Mukhtar, Advocate for the Petitioner. Mr. Ahsan Imram Rizvi, Advocate for
Respondent No.1. Mr. Ali Safdar Depar, AAG.
C.P.No. S-1240 OF 2023, C.P.No. S-630 OF 2025,C.P.No.S-124 of 2023
Presented By: Hon'ble Mr. Justice Zulfiqar Ali Sangi(Author)
Date of Hearing: 09-02-2026. Date of Judgment: 23-02-2026. Mr. Ansar Mukhtar, Advocate for the Petitioner. Mr. Ahsan Imram Rizvi, Advocate for
Respondent No.1. Mr. Ali Safdar Depar, AAG.
Mrs. Uzma Fazal
VERSUS
Farhat Ullah and another,Mrs. Uzma Fazal versus Farhat Ullah and another
Law: Constitution of Pakistan, 1973
Section: 199
Law: Sindh Rented Premises Ordinance, 1979
Section: 144,15-A,17
Summary The petitioner (landlady) challenged orders of the Rent Controller and Appellate Court which had imposed a penalty under Section 15-A of the Sindh Rented Premises Ordinance, 1979. The tenant had voluntarily vacated the rented premises after the eviction order attained finality. Later, the tenant filed applications under Sections 15-A and 17, alleging non-occupation of the premises by the landlady. The High Court held that Section 15-A is a penal provision and applies only where a landlord obtains possession through eviction proceedings and then re-lets the property or uses it for a purpose other than personal use within one year. Since the tenant had voluntarily surrendered possession and the premises were neither re-let nor misused, the essential requirements of Section 15-A were not met. The Court found that the lower courts misread the evidence and exceeded the scope of remand. Consequently, the impugned orders were set aside and the constitutional petition was allowed. Sections Used Article 199 of the Constitution of Pakistan, 1973 Section 14, Sindh Rented Premises Ordinance, 1979 Section 15-A, Sindh Rented Premises Ordinance, 1979 Section 17, Sindh Rented Premises Ordinance, 1979 2-Word Descriptions Rent Eviction Penalty Reversal O R D E R This Constitutional Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 (C.P.No.S-630 of 2025) has been instituted by the Petitioner, Mrs. Uzma Fazal, assailing the judgment dated 19.04.2025 passed by the learned XIIth Additional District Judge, Karachi South in First Rent Appeal No.319 of 2024, whereby the appeal preferred by the petitioner was dismissed and the order dated 13.11.2024 passed by the learned Rent Controller, Karachi South in Rent Case No.541 of 2017 was maintained. So far as C.P. No.S-1240 of 2023 (Mrs. Uzma Fazal versus Farhat Ullah and another) is concerned, learned counsel for the respondent has rightly pointed out that since the main applications have already been decided on merits, the said petition has become infructuous and is disposed of as such. Briefly, the relevant facts in C.P.No.S-630 of 2025 are that the…