2024 YLR 1043 KARACHI-HIGH-COURT-SINDH

Full text

MUMTAZ HUSSAIN VS ALLAH WADHAYO Ss. 5 & 15---Tenancy agreement---Oral tenancy---Petitioner/landlord sought eviction of respondent/tenant on the plea of bona fide personal need and default in payment of monthly rent---Rent Controller and Lower Appellate Court declined to evict respondent/tenant on the ground that there was no written tenancy agreement---Validity---Method in respect of execution of tenancy agreement has been provided in S. 5 of Sindh Rented Premises Ordinance, 1979---Purpose of enactment of S. 5 of Sindh Rented Premises Ordinance, 1979, is to provide manner for making agreement and care has to be taken to avoid any doubt or ambiguity in execution of the same---This did not mean that oral tenancy was prohibited under Sindh Rented Premises Ordinance, 1979---No such provision was provided in Sindh Rented Premises Ordinance, 1979, to exclude jurisdiction of Rent Controller in respect of a dispute between landlord and tenant based on oral tenancy---In the present case there was relationship of landlord and tenant between the parties and Rent Controller as well as Lower Appellate Court committed irregularities while misreading and non-reading of evidence available on record and had decided issue of relationship of landlord and tenant in negative manner by dismissing rent application solely on such ground without giving findings on default and personal bona fide use---High Court set aside concurrent orders passed by two Courts below and the matter was remanded to Rent Controller for decision afresh---Constitutional petition was allowed accordingly.