Syed WAQI HASAN vs OFFICIAL ASSIGNEE AT KARACHI S — 2022 CLC 361 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 CLC 361 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: CLC
Parties: Syed WAQI HASAN vs OFFICIAL ASSIGNEE AT KARACHI S
Subject matter: Constitutional
Provisions referred to: S. 5---T; S. 5; Sindh Rented Premises Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Syed WAQI HASAN VS OFFICIAL ASSIGNEE AT KARACHI S.5---Tenancy agreement, essentials of---Onus on person to prove he / she was a tenant in a premises, discharge of---Scope---Petitioner, who claimed to be tenant of premises which were ordered to be auctioned during proceedings of Special Court (Offences in Bank), impugned notice of Official Assignee asking him to vacate premises and contended that he being a tenant could not be dispossessed without due course of law---Validity---Rent agreement relied upon by petitioner was required to be attested by Rent Controller or Civil Judge/Magistrate per S.5 of Sindh Rented Premises Ordinance, 1979 which was not done and status of petitioner as tenant could not be established---Alleged rent agreement did not contain names and signatures of any witnesses although columns for the same were available---Present petition was therefore an attempt to frustrate proceedings of auction---Constitutional petition was dismissed, in circumstances.

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