2017 PLP 1221 (YLR)
Mrs. SHAHIDA — Petitioner Versus VII-ADDITIONAL DISTRICT JUDGE, KARACHI and 2 others — Respondents
| Citation | 2017 PLP 1221 (YLR) |
| Forum / Court | Sindh |
| Bench Members | Muhammad Iqbal Kalhoro, J |
| Parties | Mrs. SHAHIDA — Petitioner Versus VII-ADDITIONAL DISTRICT JUDGE, KARACHI and 2 others — Respondents |
| Primary Law | Sindh Rented Premises Ordinance (XVII of 1979) |
Q1: What are the key laws and sections cited in 2017 PLP 1221 (YLR)?
This judgment primarily cites: Sindh Rented Premises Ordinance (XVII of 1979) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2017 PLP 1221 (YLR)?
The case was heard and decided by the Sindh bench comprising: Muhammad Iqbal Kalhoro, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2017 PLP 1221 (YLR) (Mrs. SHAHIDA — Petitioner Versus VII-ADDITIONAL DISTRICT JUDGE, KARACHI and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Younus Saeed for Petitioner.
- Asim Iqbal for Respondents.
Headnotes / Summary
Ss. 15 & 16
Denial of relationship of landlord and tenant by the tenant
Non-deposit of rent
Striking off defense
Scope
Rent Controller directed the tenant to deposit arrears of rent and future rent in the court but she failed and her defense was struck off and eviction petition was accepted
Tenant had no evidence to support her claim of ownership with regard to demised premises
Rent Controller should have first determined the issue of relationship of tenant and landlord between the parties
Rule that where the tenant had claimed ownership of premises, Rent Controller should determine such issue first before directing to deposit arrears of rent was not absolute
Tenant at the first instance had to show prima facie evidence in support of his assertion to qualify for such determination to be undertaken by the Rent Controller first
Where tenant had failed to bring on record such evidence in his support on such point then no prejudice would be caused to him if he was directed to deposit arrears of rent or future rent
Tenant had avoided to obey the order of the Rent Controller
No mis-reading or non-reading of evidence had been pointed out in the findings recorded by the courts below
Constitutional petition was dismissed in circumstances. 2007 YLR 363; 2009 MLD 144; 1992 SCMR 1149; 2010 YLR 1201; PLD 2014 SC 347; 2000 SCMR 632; 2000 SCMR 845; 1993 SCMR 1360; 2012 YLR 1713; 2007 YLR 2982; 2006 SCMR 1505; 2003 CLC 416; 1998 CLC 988; 2013 YLR 2526; 2011 SCMR 320; 2006 SCMR 1068; 1986 CLC 1770; PLD 2007 SC 504; 1995 MLD 840; 1991 CLC 937 and 1988 CLC 906 ref.