Property &amp; Rent

It was a burden upon the petitioner/tenant to establish that rent for the month of November 2007 onwards was paid in any form which burden was not discharged. In fact the suggestion that respondents refused to receive th…

2922/2024 Const. P. Saleem Akhtar Siddiqi (Petitioner) V/S Sultan Ahmed Qureshi & Ors (Respondent)

Judgment-Debtor Tenant's Petition dismissed. Still the Executing Court cannot attach the pension account of the alleged Government Officer/Advocate in execution proceedings arising from the enforcement of the recovery of…

177/2010 Const. P. Muhammad Azam Siddiqui and another (Petitioner) V/S Mrs. Rana Ejaz and others (Respondent)

The strength of the learned trial court order as well as of the appellate Court order is that one advocate namely Sardar Abdul Hameed Iqbal has filed an undertaking on behalf of the petitioner No.1. This could hardly be …

29/2023 F.R.A Shaikh Muhammad Tariq S/o Akhlaq (Appellant) V/S Iftikhar Uddin Paracha and Others (Respondent)

Sindh High Court · 2024

Once a default is established, the Rent Controller has no other option but to pass an order for striking of the defence and put the landlord into possession of the suit premises…

1271/2017 Const. P. Khawaja Muhammad Ali S/o Khawaja M Ismail Late (Petitioner) V/S Syed Razi Ahmed & Others (Respondent)

In the absence of any proof as to the original tenant as being M/s Muhammad Ismail, a registered or unregistered partnership firm, least that could be a point of understanding or admission that Muhammad Ismail was tenant…

5547/2016 Const. P. Ghulam Tariq (Petitioner) V/S The State and Ors (Respondent)

Sindh High Court · 2016

In this case the petitioner sought protection against the demolition action of Anti encroachment Cell KMC in respect of community hall/marriage garden wherein the petitioner was inducted as administrator/tenant by Town M…

17/2014 F.R.A ASIF NAJAM ANSARI (Appellant) V/S MRS. MARIAM MIRZA & ANOTHER (Respondent)

Cantonments Rent Restriction Act (XI of 1963)--- ---S. 17 (9) & (8)---Ejectment petition---Tentative rent, fixation of---Non-deposit of arrears of rent---Effect---Contention of tenant was that arrears of rent was dispute…

59/2019 R.A (Civil Revision) Sain Bux Sabzoi. (Applicant) V/S Santosh Kumar Hindu and others. (Respondent)

Article 113 of the Limitation limitation in suit for specific performance…

1666/2012 Suit HUMMA EJAZ (Plaintiff) V/S MS. FOZIA JABEEN (Defendant)

Civil Procedure Code (V of 1908)--- ----O. V, R.15---Registration Act (XVI of 1908), S.17--- Specific Relief Act (I of 1877), S.12---Suit for specific performance of contract---Owner of property an illiterate lady---Agre…

977/2020 Const. P. Zeeshan S/o Moiz Ghulaam Ali (Petitioner) V/S Zulfiqar and others (Respondent)

Sindh High Court · 2021

Here petitioner is tenant, he filed suit for declaration with regard to harassment caused by the landlord, whereas landlord seeks possession of demised premises on the plea of personal bonafide need as he intends to gift…

1494/2001 Suit AZAM AHMED KHAN (Plaintiff) V/S MUHAMMAD YAQOOB KHOKHAR & OTHER (Defendant)

Instant suit is for Specific Performance of Contract, Declaration, Possession & Permanent Injunction. Advocates: Sajid Hussain(ADVO-14343-SBC-KHI),S. Abid Hussain Shah(ADVO-3430-SBC-KHS),Sardar Ahmed Jalib(ADVO-2311-SBC-…

75/2016 Const. P. M/S Shakoor Automobiles (Petitioner) V/S Mst.Jamshed Malik and others (Respondent)

The petitioner however chooses to deposit the rent continuously in the name of a deceased person despite having knowledge. He may have deposited the rent for the years of 2014 and 2015 but it was deposited after acquirin…

233/2016 Const. P. Muhammad Aslam (Petitioner) V/S Mst. Fozia Aqeel Zaheer Lari and Others (Respondent)

The personal bona fide need of the landlord/landlady is measured on the basis of a gauge which is dependent upon consistent and conscious inspiring evidence and the existence of such evidence provides presumption as to e…

74/2007 Suit MUHAMMAD SALEEM. (Plaintiff) V/S M/S.PREMIER AGGLOW IND (Defendant)

Civil Procedure Code (V of 1908)--- ----S. 151 & O. XXII, R. 3---Specific Relief Act (I of 1877), S.12---Suit for specific performance of contract---Refund of earnest money from the defendant---Inherent powers of court--…

1702/2000 Suit MRS. NAJMA VASEEM ADANWALA. (Plaintiff) V/S MRS. ABIDA JAWAD (Defendant)

At one hand the plaintiff claimed that he was and is ready to perform the part of her obligation pursuant to which she had issued notices at the address provided by the defendant and on the other hand she failed to depos…

76/2010 Suit ANJUM REHMAT & ANOTHER (Plaintiff) V/S SQUADRON LEADER (R) SH. GHULAM SADIQ & OTHERS (Defendant)

Specific Relief Act (I of 1877)--- ----Ss.39, 42, 12 & 54---Transfer of Property Act (IV of 1882), S.54---Suit for cancellation of document, declaration, specific performance of agreement and injunction---Maintain-abilit…

1320/2004 Suit MUHAMMAD AYUB (Plaintiff) V/S MISS AMBREEN NAZ (Defendant)

(a) Specific Relief Act (I of 1877)--- ----S. 12---Qanun-e-Shahadat (10 of 1984), Arts. 102, 103 & 117---Contract Act (IX of 1872), S. 5---Suit for specific performance of agreement to sell---Oral agreement--- Scope--- P…

650/2011 Const. P. Zahoor Khan (Petitioner) V/S Mst. Inshallah Begum (Respondent)

Since final order on the ejectment applications has already been assailed in other parallel litigation, it would be in the fitness of things that such an order denying to implead the City District Government Karachi as n…

53/2021 R.A (Civil Revision) Abdul Ghani Soomro (Applicant) V/S Bhajan Lal & others (Respondent)

Specific performance of contract…

165/2012 Const. P. Dr.Fariduddin Qureshi & Ors (Petitioner) V/S Syed Zammrrud Hussain & Ors (Respondent)

It is not disputed that the rent was being collected by rent collector Zamarrud Hussain who is also one of the legal heirs and respondent in these petitions. It is also a matter of record that rent up to August 2006 was …

609/2014 Const. P. MUHAMMAD MOIN (Petitioner) V/S MUHAMMAD SIDDIQUE & TWO OTHERSS (Respondent)

The appellate Court is required to peruse the record minutely and give valid reasons while passing the judgment/decision. The impugned order of Appellate Court is absolutely without any reasoning or justification. --Ther…

489/2023 Const. P. Muhammad Rizwan Khan and Others (Petitioner) V/S Haider Ali Khan and Others (Respondent)

Sindh High Court · 2024

It is settled by now that the landlady whenever desires to start his own business in the shop/tenement or for his son would be entitled for the tenement on account of personal need and the tenant having only a tenancy ri…

1599/2017 Const. P. Muhammad Asif S/o Rasheed Ahmed (Petitioner) V/S Mst. Nasreen Bano & Others (Respondent)

as the case of personal requirement is concerned, there is nothing to challenge the personal bona fide need of the landlord. The defence that has now taken, at this stage, is that the premises are never owned by the resp…

981/2009 Suit FIDA ALI SAWANI & ORS. (Plaintiff) V/S KHAN MUHAMMAD & ORS. (Defendant)

Civil Procedure Code (V of 1908)--- ----O. VII, R. 11---Specific Relief Act (I of 1877), Ss.2 & 12---Contract Act (IX of 1872), S.10---Transfer of Property Act (IV of 1882), S.52---Time bound agreement to sell---Applicat…

631/2012 Const. P. Nusrat Hussain @ Shahid Warsi (Petitioner) V/S Aal-e- Aba Trust & Ors (Respondent)

The rent was deposited in the name of two persons i.e. Aale-eAba Trust and as well as previous owner Fayyaz Hussain Qazalbash. This was done after receipt of notice under section 18 of Sindh Rented Premises Ordinance, 19…

576/2011 Const. P. Muhammad Nadeem & Ors (Petitioner) V/S Vth Addl: District Judge Karachi & Ors (Respondent)

The bona fide of the applicants/petitioners in view of above evidence cannot be challenged on the ground that Shop No.2 was vacated at some point of time and the premises is in possession of the attorney of the applicant…

976/2017 Const. P. Mst. Zareen Ali Wd/O Salman Ali Ahmed (Petitioner) V/S Ajaz Ali Sehto & Others (Respondent)

It does not lie in the mouth of petitioner either to challenge the title of the previous landlord i.e. Bilal A. Malik to whom he (petitioner) was tendering the rent or to whom the previous landlord has delegated such pow…

65/2009 Suit.B NIB BANK LTD (Plaintiff) V/S TERRY TOWELLERS (PVT) lTED (Defendant)

Suit for recovery was decreed and machinery of judgment-debtor was to be auctioned---Objection Application to enforcement of decree---Contention of the objector inter alia was that he was the landlord of the premises whe…

1628/2015 Const. P. Zulfiqar Hussain (Petitioner) V/S District Judge, Khi-C & Others (Respondent)

annual value of the premises or imposition of taxes may have contributed but the landlord has not taken shelter on those grounds. Therefore, in the absence of any evidence as regards other points/ingredients of Section 8…

650/2004 Const. P. Yasmin Sharfuddin (Petitioner) V/S Dr. Ehtesham Naseerul Haque & 3 Ors (Respondent)

A Power of Attorney generally delegates all such powers which are required to be done on behalf of principal and the contents of the Power of Attorney would be such that all such things, which claimed to have been done b…

33/2007 Civil Revision Muhammad Younus (Applicant) V/S TMA Mirpurkhas and others (Respondent)

(a) Specific Relief Act (I of 1877) --- ----S. 8---Suit for recovery of specific immovable property---Locus Standi---Scope---Plaintiff filed suit without obtaining any succession certificate to show that he was entitled …

19/2013 Civil Revision Mst Shahida Parveen (Appellant) V/S Saiful Malook (Respondent)

(a) Specific Relief Act (I of 1877)--- ----S.12---Qanun-e-Shahadat (10 of 1984), Art. 79---Suit for specific performance to sell immovable property---Agreement to sell, proof of---Scope---Contention of plaintiff was that…

846/2009 Const. P. Zafar Malik (Petitioner) V/S Azhar Abbas Butt & Ors (Respondent)

The legislature has limited the definition of personal use of the landlord to the extent of spouse and son and daughter. It thus cannot be extended to use of brother as a personal use. The personal use of the respondent …

1246/2011 Const. P. Mst. Hajra Khatoon (Petitioner) V/S Javed Akhtar & Others (Respondent)

There appears to be a solitary defence for non-payment of rent, which is a sale agreement claimed to have been entered between petitioner and the father of respondent No.1. Such could hardly be taken into consideration o…

38/2003 Civil Revision Anwar Hussain (Applicant) V/S Rafiuddin & Ors (Respondent)

Specific Relief Act (I of 1877)--- ----S. 12---Suit for specific performance---Agreement to sell immovable property---Scope---Contention of plaintiff was that he was a bona fide purchaser of suit shop, since he had purch…

599/2019 Const. P. Muhammad Zahid Khan S/o Muhammad Mutloob Khan (Petitioner) V/S Mrs. Zainab and others (Respondent)

Sindh High Court · 2019

. If these are the pleadings then this is not a personal requirement. At the most it is a case that a fair rent is not being tendered by the tenant and resort could be made under section 8 of the SRPO, 1979. Under Qanoon…

119/2001 Civil Revision Ghulam Mustafa (Applicant) V/S Shafi Muhammad & Others (Respondent)

Specific Relief Act (I of 1877)--- ----Ss. 8, 12, 42 & 52----Civil Procedure Code (V of 1908), O. XLI, R. 31---Suit for specific performance, declaration, return of articles, mesne profit and injunction---Power of attorn…

2098/2017 Const. P. Syed Shahzad Ali S/o Syed Shabbir ALi (Petitioner) V/S Abdul Ghaffar & Others (Respondent)

There cannot be any evidence structure of which not pleaded in written statement. It appears to be an attempt to support the allegations in respect of the property in question, as undertaken by some of the brothers of re…

1382/2013 Const. P. MST. SULTANA AHMED (Petitioner) V/S IIIRD A.D.J KARACHI (WEST) & ANOTHER (Respondent)

There is no privity of contract between the petitioner and applicant who is claiming to be licensee. The status of the applicant is nothing more than a licensee who does not enjoy any right on its own. He has to sail and…

86/2012 Suit Muhammad Nazim (Plaintiff) V/S Anwar Hussain Darbari (Defendant)

Civil Procedure Code (V of 1908)--- ----O. VII, R.11---Specific Relief Act (I of 1877), S.12---Contract Act (IX of 1872), S.23---Suit for specific performance---Rejection of plaint---Plaintiff entered into agreement to s…

491/2024 Const. P. Imtiaz Ali & others (Petitioner) V/S Province of Sindh & Others (Respondent)

Sindh High Court · 2024

It appears from the record that petitioners are calling in question the Notice dated 04.10.2018 issued by the Assistant Commissioner/Assistant Director Anti Encroachment Taluka Hussain Bux Mari on the premise that the pe…

20/2013 Civil Revision Mst Shahida Parveen (Applicant) V/S Saiful Malook (Respondent)

1400/2025 Const. P. M/s. S.S. Enterprises (Petitioner) V/S Muhammad Ahmed Ahsan Ullah & Another (Respondent)

For the foregoing reasons, it is held that the First Rent Appeal was maintainable; that consolidation of a civil suit for specific performance with a rent application under the Sindh Rented Premises Ordinance, 1979 is ne…

321/2024 Const. P. M/s. Petroleum Packages (Pvt.) Limited (Petitioner) V/S Pakistan Industrial Development Corp. Pvt Ltd & An (Respondent)

It is the discretion of the landlord/owner to choose the property he wishes to use and in that respect the tenant cannot dictate how and in what manner the owner should utilize his property…

1167/2025 Const. P. Nazeer Ahmed (since deceased) through his LRs (Petitioner) V/S Kareem Dhedhi & Others (Respondent)

Rent proceedings eviction held illegal possession restored to tenant…

608/2025 Const. P. Haroon Rasheed Through Attorney Muhammad Sohail (Petitioner) V/S Abdul Raheem & Others (Respondent)

The principle of concurrent findings applies where both the trial and appellate Courts have reached a similar conclusion on fair rent after evaluating the evidence. The Supreme Court has repeatedly held that such concurr…

313/2022 Const. P. Muhammad Shabbir (Petitioner) V/S Syed Hanif Shah & Others (Respondent)

It is a settled principle of law that the landlord is the best judge of his personal bona fide requirement, and neither the tenant nor the Court can dictate how and in what manner the landlord should utilize his property…

75/2024 Const. P. Muhammad Ayaz and Another (Petitioner) V/S Abdul Aziz and Others (Respondent)

relationship of landlord and tenant…

1296/2025 Const. P. Khawaja Arshad Javaid Thr Attorney Azhar Ali (Petitioner) V/S Mst. Shahnaz Shah & Others (Respondent)

relationship and landlord and tenant--Section 12(2) CPC--Section 24 of the Cantonment Rent Restriction Act, 1963…

447/2016 Const. P. Victor Restaurant (Petitioner) V/S Vth A.D.J (South) and others (Respondent)

on refusal of landlord payment in terms of section 10(3) held valid ejectment proceedings held illegal…

554/2025 Const. P. Tauseef Iqbal s/o Muhammad Iqbal (Petitioner) V/S Muhammad Shakir & Another (Respondent)

Dispute as to title Rent Case not maintainable…

97/2002 H.C.A Abdul qayyum Soomro (Appellant) V/S Mst. Gul Shahnaz and another (Respondent)

Specific performance refused. High Court Appeal allowed.…

246/2024 II.A. Zeeshan Aziz Thr. Attorney Khurram Suleman (Appellant) V/S Malik Tauseef Ahsan (Respondent)

The appellant/defendant could not sustain a contradictory defence. He could not, on the one hand, deny the contract and, on the other hand, withhold the partial sale consideration admittedly paid to him by the respondent…

637/2025 Const. P. Mehtabuddin s/o Kamaluddin (Petitioner) V/S Addeb Ahmed & Others (Respondent)

mere filing of Suit for specific performance will not be sufficient to deny ownership rights…

709/2024 Const. P. Mrs. Pinky Perwani Thr. Attorney Vikram (Petitioner) V/S Additional Controller of Rent Clifton Cant. & ors (Respondent)