Citation Name: 2025 PLD 323 KARACHI-HIGH-COURT-SINDHBookmark this Case Master IQBAL vs ANJUMAN JAMA MASJID S

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Citation Name: 2025 PLD 323 KARACHI-HIGH-COURT-SINDHBookmark this Case Master IQBAL VS ANJUMAN JAMA MASJID S. 8---Qanun-e-Shahadat (10 of 1984), Art. 115---Fair rent, fixation of---Denial of relationship of landlord and tenants---Plea of Pagri/ goodwill---Applications filed by the landlord/respondent for fixation of fair rent were challenged by the tenants/petitioners on the grounds of maintainability of rent applications being filed by unauthorized person without having a resolution passed by the General Body---Validity---Landlord had produced in evidence a resolution passed in the meeting of General Body authorizing landlord to sue any legal or administrative proceedings before a Court of law or Administrative Authority---Parties entered into a tenancy agreement, which was signed by the respondent, thus, the contention that rent applications were filed by an unauthorized person was irrelevant and could not be relied upon---Petitioners during trial neither disclosed the name of the person (landlord) who let out the rented premises to them nor produced any evidence or material to rebut the claim of respondent as to landlord of the rented shops and had admitted in cross-examination that they were depositing rent in the name of landlord, which proved that there existed relationship of landlord and tenant between the parties---Ownership may not always be a determining factor to establish the relationship of landlord and tenant between the parties and in normal circumstances, in the absence of any evidence to the contrary, the owner of the property by virtue of his/her title is presumed to be the landlord and the person in possession of the premises is considered as a tenant---Under Art. 115 of the Qanun-e-Shahadat, 1984 when there is continuance of tenancy, the tenant cannot deny the title of landlord in respect of an immovable property which the landlord had at the beginning of tenancy---When a person is inducted in the premises as tenant, he has no locus standi to challenge tenancy merely on the ground that the person who inducted him as tenant is not the actual owner---Thus, rent applications were filed by a competent person and were maintainable---Term "goodwill" is not recognized by Sindh Rented Premises Ordinance, 1979, however, the superior courts have equalized it with the term "Pagri"---Plea of petitioners that they had paid goodwill for premises in no manner could succeed as a ground of defence and if it is presumed that goodwill amount was paid it would not debar the respondent from seeking fixation of fair rent---Constitutional petitions were dismissed, in circumstances.

Citation Name: 2025 PLD 323 KARACHI-HIGH-COURT-SINDHBookmark this Case Master IQBAL vs ANJUMAN JAMA MASJID S — 2025 PLD 323 KARACHI-HIGH-COURT-SINDH

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