2012 PLP 857 (MLD)
Malik RIAZ HUSSAIN — Petitioner Versus GHULAM RASOOL NIAZI and another — Respondents
| Citation | 2012 PLP 857 (MLD) |
| Forum / Court | Sindh |
| Bench Members | N/A |
| Parties | Malik RIAZ HUSSAIN — Petitioner Versus GHULAM RASOOL NIAZI and another — Respondents |
| Primary Law | Sindh Rented Premises Ordinance (XVII of 1979) |
Q1: What are the key laws and sections cited in 2012 PLP 857 (MLD)?
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 2012 PLP 857 (MLD)?
The case was heard and decided by the Sindh bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2012 PLP 857 (MLD) (Malik RIAZ HUSSAIN — Petitioner Versus GHULAM RASOOL NIAZI and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abdul Irfan for Petitioner.
- Muhammad Nazir for Respondent No.1.
Headnotes / Summary
S.15
Constitution of Pakistan, Art. 199
Constitutional Petition
Petitioner-assailed orders of the Appellate Court whereby, a finding was given to the effect that the petitioner was a tenant of the respondent
Title of petitioner in respect of the premises, of which he claimed to be the owner of, had not yet been perfected by the Trial Court, and under such circumstances and in law; the petitioner was not absolved of his responsibility of payment of agreed monthly rent which he had admittedly failed to pay
On admission of such default by the petitioner, the constitutional petition was not maintainable
High Court directed the petitioner to hand over the possession of the premises to the respondent, within 30 days, failing which the Rent Controller should issue writ of possession without notice
Constitutional petition was dismissed, accordingly.
Judgment & Decree
SALMAN HAMID, J.
Through this Constitutional Petition the petitioner namely Malik Riaz Hussain, son of Dara Khan has challenged Judgment dated 9-8-2011, passed by V-Additional District Judge, Karachi, South in F.R.A. No.432 of 2010 whereby finding of the Rent Controller, who dismissed the Rent Case No.611 of 1999, of the respondent No.1 on the ground that the respondent No.1 failed to establish the relationship of landlord and tenant between him and the petitioner, was reversed, by holding that the petitioner is a tenant of respondent No.
1. During the course of arguments, it was admitted by the learned counsel for the petitioner that since May 1996 upto the filing of Rent Case No.611 of 1999 in May, 1999 rent was not tendered on the ground that by virtue of agreement the petitioner became owner of Shop at Premises No.755-A, Street No.9, Azam Basti, Karachi. It is also admitted and available on record that on the basis of the Agreement for purchase of the Premises, in the first instance and prior to filing of Rent Case No.611 of 1999, Suit No.328 of 1999 was preferred by the petitioner, which was dismissed on 14-12-2010 against which dismissal Civil Appeal No.26 of 2011 was preferred by the petitioner which too was dismissed by the Appellate Court and after such dismissal Revision Application No.181 of 2011 was filed which is pending adjudication before this Court. All the above factors show that the title of the petitioner in respect of the Premises, of which he claims to be the owner, has not yet been perfected by the Civil Court and that under such circumstances and in law the petitioner was not absolved of his responsibility of payment of agreed monthly rent of the premises, which admittedly he has failed to pay from May, 1996 upto the filing of Rent Case in May, 1999 and till date. Since there is admission of default on the part of the petitioner, as mentioned above, this petition is not maintainable and is dismissed. The petitioner is directed to hand over vacant peaceful possession of the premises within 30 days from today failing which the Rent Controller/Executing Court shall issue writ of possession without notice with police aid with powers to break open the locks if necessity for the same shall arise. K.M.Z./R-6/K Petition dismissed.