Categories
Family Law

Child Custody in Karachi Pakistan

Child custody is a matter which is closely related to divorce law and many issues will inevitably be dealt with at the same time as a divorce. However, in many cases parents will come to their own informal arrangements. In any case, an agreement should be reached on the basis of what the parents mutually believe is best for the welfare of the children and, if possible, what their children want.

Child custody law of Pakistan determines who should be responsible for the care and charge of a child, after divorce or separation. In the majority of cases parents opt for joint custody, which enables the child to spend an equal amount of time with each parent. This option also allows both parents to participate in any decision making which may affect the child. However, if parents are unable to amicably decide what living arrangement is best for their child, the courts will decide on their behalf.

If there is a dispute, to reduce the potential stress and legal costs, the next step is mediation, which can be arranged through Child Custody Lawyers. The well trained team of lawyers in Karachi, Lahore, Islamabad, Hyderabad and Thatta provide best legal services.

If mediation cannot resolve the dispute, the final stage is the courts. Again, in general the decision as to who is awarded custody is based on what is best for the welfare of the child/children.

If you have recently divorced or separated from you partner and want to find out about child custody, how child custody arrangements are made and what you can do in the event of a dispute, you are in the right place to find out. We understand how sensitive child custody issues can be.

However, we have tried to be as frank and objective as possible so it has some use for everyone and allows you to know exactly where you stand.

You can Contact Us for detailed consultation.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Telephone: 0321-2057582

Regular Website:  https://www.irfanlaw.com

Supreme Court of Pakistan, Islamabad.

 
Law Firm based in Karachi and Islamabad having well experienced Advocates and Lawyers in the fields of Family Law, Divorce Law and Child custody Law
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582

 

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Very soon we are opening our branch office in Islamabad, if you are any suggestion for location,  we will be thankful for any helpful comment.

Categories
Criminal Laws

How to get registered FIR when Police Officer Refuses to lodge FIR in Karachi Pakistan

How to get registered FIR when Police Officer Refuses to lodge FIR in Karachi Pakistan

First Information Report (FIR) is a written document prepared by the police when they receive information about the commission of a cognizable offence. It is a report of information that reaches the police first in point of time and that is why it is called the First Information Report. It is generally a complaint lodged with the police by the victim of a cognizable offence or by someone on his/her behalf. Anyone can report the commission of a cognizable offence either orally or in writing to the police.  It is a duty of police to register FIR without any delay or excuses.

If Police refuses to register FIR then the aggrieved person can approach District & Sessions Judge for directing the Police to register his statement U/s. 154 Cr.P.C. In Karachi there are 5 Districts, therefore aggrived person havde to approch the District Judge who has jurisdiction of that Police Station.

Cognizable Offence:

A cognizable offence is one in which the police may arrest a person without warrant. They are authorized to start investigation into a cognizable case on their own and do not require any orders from the court to do so.

Non-cognizable Offence:

A non-cognizable offence is an offence in which a police officer has no authority to arrest without warrant. The police cannot investigate such an offence without the court’s permission.

Why is FIR important?

FIR is a very important document as it sets the process of criminal justice in motion. It is only after the FIR is registered in the police station that the police start investigation of the case. According to Articles 21, 22, 23, 25, 49, 50 of Qanoon-e-Shahadat Order 1984, FIR is a relevant fact.

 Who can lodge FIR?

Anyone who knows about the commission of a cognizable offence can file an FIR. It is not necessary that only the victim of the crime should file an FIR. A police officer that comes to know about a cognizable offence can file an FIR himself/herself. You can file FIR if:

a. You are the person against whom the offence has been committed.

b. You know yourself about an offence, which has been committed.

c. You have seen the offence being committed.

 

 

The police may not investigate a complaint even if you file an FIR, when:

1. The case is not serious in nature.

2. The police feel that there is not enough ground to investigate.

3. The police resources are already over-committed in investigating more serious offences. However, the police must record the reasons for not conducting an investigation and in the latter case must inform you (Section 157 of the Code of Criminal Procedure, 1898).

What is the procedure of filling FIR?

The procedure of filing an FIR is prescribed in Section 154 of the Code of Criminal Procedure, 1898. It is as follows:

I.  When information about the commission of a cognizable offence is given

orally, the police must write it down.

II.  It is your right as a person giving information or making a complaint to

demand that the information recorded by the police is read over to you.

III. Once the police have recorded the information in the FIR Register, the person

giving the information must sign it.

IV. You should sign the report only after verifying that the information recorded

by the police is as per the details given by you.

V.  People who cannot read or write must put their left thumb impression on the

document after being satisfied that it is a correct record.

VI.  Always ask for a copy of the FIR, if the police do not give it to you.

VII. It is your right to get a copy of FIR free of cost.

 

What should you mention in the FIR?

1. Your name and address;

2. Date, Time and Location of the incident you are reporting;

3. The true facts of the incident as they occurred, including the use of weapons, if any;

4. Names and description of the persons involved in the incident;

5. Names and addresses of witnesses, if any. (Format used by the police for the registration of FIR is attached).

 

Submit Your Query For a Legal Advice

 
Law Firm in Pakistan dealing with Mergers and Acquisitions Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582


Categories
Family Law Family Laws Pakistan Human Rights

Share of widow in Property and inheritance rights of widow

A widow is indeed entitled to a share of the inheritance from the property which belonged to her deceased husband; but she would not be entitled to inherit anything from the property which belongs to her father-in-law, or any other blood relative of her deceased husband, absolutely regardless of whether she has married again or not, or whether she has off-spring or not.

The widow is entitled only to a percentage of the inheritance left behind by her deceased husband; 1/4th if they have no children from the marriage, and 1/8th  if the couple have children.

The best team of our lawyers always assist the clients to get their rights. We provide complete Free Legal Advice to widow woman as a Sadqa and Zakkat , for getting their Legal rights and getting their proper share in property of their deceased husband. Sometimes a Widow lady is unable to pay our professional Fees, we file her case without fees, thereafter they pay our fees as per their convenience.

Our Goal is to fight for the rights, therefore we always provide better ways to our clients to achieve their legal rights without any over burden of litigation costs.

Irfan Mir Halepota & Associates

Karachi Office

Office # E-26, Executive Floor,
Glass Tower,
Khayaban-e-Iqbal (Clifton Road),
Teen Talwar, Clifton,
Karachi, Sindh,
Pakistan.

Telephone No.  +92-21-35642634
Mobile Phone No. +92-321-2057582
Mobile Phone No. +92-300-8233580

Email: info@irfanlaw.com
Website: https://www.irfanlaw.com

You can Contact Us for detailed consultation.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Telephone: 0321-2057582

Regular Website:  https://www.irfanlaw.com

For rapid response you can also submit your Query at WhatsApp on +92 321 205 7582 For a Legal Advice
 
Law Firm in Pakistan dealing with Civil Litigation, Commercial, Intellectual Property, Real Estate and Family Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582


Categories
Criminal Laws

Law of Bail in Criminal Cases in Pakistan

Law of Bail in Criminal Cases in Pakistan.

CHAPTER XXXIX – OF BAIL
496. In what cases bail to be taken. When any person other than a person accused of a non-bailable offence is arrested or detained without warrant by an officer incharge of a police-station or appears or is brought before a Court, and is prepared at any lime while in the custody of such officer or at any stage of the proceedings before such Court to give bail, such person shall be released on bail: Provided that such officer of Court, if he or it thinks fit, may, instead of taking bail from such person, discharge him on his executing a bond without sureties for his appearance as hereinafter provided:
Provided further that nothing in this section shall be deemed to affect the provisions of section 107, subsection (4), or section 117, sub-section (3).
497. When bail may be taken in cases of non-bailable offence. (1) When any person accused of nonbailable offence is arrested or detained without warrant by an officer-in-charge of a police station, or appears or is brought before a Court, he may be released on bail, but he shall not be so released if there appears reasonable grounds for believing that he has been guilty of an offence punishable with death or [imprisonment for life or imprisonment for ten years].Pakistan: Code of Criminal Procedure 1898 Provided that the Court may direct that any person under the age of sixteen years or any woman or any sick or infirm person accused of such an offence be released on bail:
Provided further that a person accused of an offence as aforesaid shall not be released on bail unless the prosecution has been given notice to show cause why he should not be so released.
[Provided further that the Court shall, except where it is of opinion that the delay in the trial of the accused has been occasioned by an act or omission of the accused or any other person acting on his behalf or in exercise of any right or privilege under any law for the time being in force, direct that any person shall be released on bail–
(a) who, being accused of any offence not punishable with death, has been detained for such offence for a continuous period exceeding one year and whose trial for such offence has not concluded; or
(b) who, being accused of an offence punishable with death, has been detained for such offence for a continuous period exceeding two years and whose trial for such offence has not concluded.
Provided further that the provisions of the third proviso to this subsection shall not apply to a previously convicted offender for an offence punishable with death or imprisonment for life or to a person who, in the opinion of the Court, is a hardened, desperate or dangerous criminal or involved in terrorism.]
(2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as the case may be, that there are no reasonable grounds for believing that the accused has committed a non-bailable offence, but that there are sufficient grounds for further inquiry into his guilt, the accused shall, pending such inquiry, be released on bail, or, at the discretion of such officer or Court, on the execution by him of a bond without sureties for his appearance as hereinafter provided.
(3) Ah officer or a Court releasing any person on bail under sub-section (1) or sub-section (2) shall record in writing his or its reasons for so doing.
(4) If, at any time after the conclusion of the trial of a person accused of a non-bailable offence and before judgment is delivered, the Court Is of opinion that there are reasonable grounds for believing that the accused is not guilty of any such offence, it shall release the accused, if he is in custody on the execution by him of a bond without sureties for his appearance to hear judgment delivered.
(5) A High Court or Court of Session and, in the case of a person released by itself, any other Court may cause any person who has been released under this section to be arrested and may commit him to custody.
498. Power to direct admission to bail or reduction of bail. The amount of every bond executed under this Chapter shall be fixed with due regard to the circumstances of the case, and shall not be excessive; and the High Court or Court of Session may, in any case, whether there be an appeal on conviction or not direct that any person be admitted to bail, or that the bail required by a police-officer or Magistrate be reduced.
[498-A. No bail to be granted to a person not in custody, in Court or against whom no case is registered etc. Nothing in section 497 or section 498 shall be deemed to require or authorise a Court to release on bail, or to direct to be admitted to bail any person who is not in custody or is not present in Court or against whom no case stands registered for the time being and an order for the release of a person on bail, or direction that a person be admitted to bail shall be effective only in respect of the case that so stands registered against him and is specified in the order or direction.]

Feel Free to Contact Us for detailed consultation.

Telephone: +92 321 2057582

Website:  http://www.irfanlaw.com

 

Submit Your Query For a Legal Advice

For rapid response you can also submit your Query at WhatsApp on +92 321 205 7582 For a Legal Advice
 
Law Firm in Pakistan dealing with Civil Litigation, Commercial, Intellectual Property, Real Estate and Family Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582

Categories
Corporate Law

Corporate Law Firm in Karachi Pakistan

 

Top Law Firms in Karachi PakistanIrfan Mir Halepota & Associates is a full service law Firm, with offices at Karachi, Hyderabad and Thatta and associate lawyers in most major cities of Pakistan. The main office of the Firm is in Karachi, conveniently located Clifton area. It is easily accessible from all parts of Karachi.

The Partners and members of the Firm are senior professionals with years of experience behind them. They bring the highest level of professional service to clients along with the traditions of the profession, integrity and sound ethical practices.

Members of the Firm are in tune with the work-culture of international law firms as well as the expectations of large corporate clients. The Firm has amongst its clients are multi nationals, and leading Pakistani Companies and organizations.

One of the most capable litigation law firms in Pakistan, Irfan Mir Halepota & Associates dispute resolution practice is a clear leader. The firm handles a large volume of disputes.

Irfan Mir Halepaota & Associates has been ranked as one of the top Corporate Law Firms in Pakistan by the Legal 500 and HG. It is also considered as one of the Best Law Chambers and Partners having well reputation in Karachi, Pakistan.

Irfan Mir Halepota & Associates claims to be leading Law Firm in Karachi, Pakistan for its dispute resolution work.

Feel Free to Contact Us for detailed consultation.

Telephone: 0321-2057582

Regular Website:  http://www.irfanlaw.com

Submit Your Query For a Legal Advice

For rapid response you can also submit your Query at WhatsApp on +92 321 205 7582 For a Legal Advice

Law Firm based in Karachi and Islamabad having well experienced Advocates and Lawyers in the fields of Corporate Law.
E-26, Executive Floor, Glass Tower, Clifton,
Karachi, Sindh
PK
Phone: 03212057582

Categories
Litigation

Civil Litigation Law Firm in Karachi Pakistan

Civil LitigationCivil Litigation Law Firm in Karachi Pakistan. Irfan Mir Halepota & Associates Law Firm specializes in both the defense and prosecution of civil lawsuits. No matter if we are representing a plaintiff or a defendant, our philosophy is always the same: be aggressive and be fast. We believe the faster we can proceed all of the evidence the faster we can get you the result you are looking for. Our approach often results in the satisfactory settlement of the case long before the litigation process has run its course through trial.

Many of our clients have never been involved in a lawsuit before. We take the time to educate you about all aspects of your case so you don’t feel like you are just along for the ride. From discovery, demurrers, motions for summary judgment, depositions and trial, we will let you know what everything is about and why we are doing what we are doing. After all, it is your case and you have a right to know. Please discuss Lawsuit Roadmap to get a better understanding of the process.

In the last year IRFAN MIR HALEPOTA & ASSOCIATES has handled cases involving business litigation disputes, breach of contract, fraud, wrongful termination, personal injury (both defense and for the injured party), real estate cases and more.

We don’t specialize in any one type of litigation. Rather, we specialize in civil litigation. We are litigators who focus on gathering the facts, knowing the law and presenting your case in the best possible light to maximize the chances of getting you the outcome you desire.

If you require more information, Feel Free to Contact Us for detailed consultation.

Telephone: +92 321-2057582

Regular Website:  http://www.irfanlaw.com

Law Firm based in Karachi and Islamabad having well experienced Advocates and Lawyers in the fields of Civil Litigation Law.
E-26, Executive Floor, Glass Tower, Clifton,
Karachi, Sindh
PK
Phone: 03212057582

Civil Litigation Law Firm Karachi Pakistan

Categories
Property Law

Procedure for Transfer of Property in Defence Housing Authority DHA Karachi Pakistan

  1. To apply for transfer of plot in Defence Housing Authority DHA Karachi Pakistan following documents are required to be submitted: –

    1. Covering letter requesting for transfer of a plot with additional three signatures for signing in the presence of Defence Housing Authority Designated Officers. (Specimen attached).
    2. Affidavit on Rs 20/- Stamp Paper (Specimen Attached) duly attested.
    3. Original Allotment Order / Transfer Order / Division Order / Title document.
    4. 1 x Photocopy of CNIC of both parties duly attested.
    5. Undertaking regarding loan / mortgage of plot (specimen attached).
    6. In case only Intimation Letter has been issued, transfer of plot can be undertaken through an application for Issuance of Allotment Order and Cancellation in name of new owners (Specimen attached).
    7. In case of Transfer of plot in the name of more than one owner, a consent letter from all the co-sharers is required to be attached, indicating / mentioning the name and address of the co-sharer on which the correspondence is to be made (Specimen attached).
    8. GHQ NOC, in case of transfer by Army allottee officer.
  2. Ensure all dues on the plot are cleared.
  3. Attach CVT paid proforma for all size of commercial plots and 500 sq yds or above Residential plots.
  4. After ‘Sign Before’ on the transfer documents, the designated officer will return the documents to the transferor.
  5. Once you (transferor) and the buyer (transferee) have completed your transaction for whatever consideration, then the papers may be handed over to the buyer (Transferee).
  6. The Transferee to pay the transfer fee in the Account Branch. The Account Branch Counter will make necessary endorsement on the covering letter.
  7. The buyer (transferee) to deposit the Transfer Documents at the Reception (veranda) and obtain a receipt. The receipt will indicate the date of collection.

NOTES

  1. All fees are subject to change without notice.
  2. Before making out a Pay Order / Bank Draft please find out the outstanding dues and current rate of Fee from Accounts Branch Counter.
  3. In case you desire your case to be processed on urgent basis, on payment of requisite emergent fee, please contact the Director T&R for necessary endorsement before paying the fees / submitting the documents at the counter.
  4. Attestation of Affidavits:
    • Affidavit executed within Karachi (Pakistan) be got attested by Oath Commissioner / Notary Public / Nazim concerned.

    • Affidavit executed outside Karachi (within Pakistan) be got attested by 1st class Magistrate / Nazim concerned.

    • Affidavits executed outside Pakistan be got attested from authorized officer of Pak Embassy abroad or the Consulate General.

  5. The Buyer may check whether the property is clear or not for transfer by paying Rs. 1000/- in cash at account counter. Information will be given the next day.
  6. For Transfer through court, the Transfer papers to be prepared after getting briefing from Administrative Officer.
  7. Officers (from all svcs) who are original allottees of DHA Karachi and desirous of disposing off / tfr their plots have to obtain NOC from GHQ, AG’s Branch (DHA Cell) Rwp.

If you require more information, Feel Free to Contact Us for detailed consultation.

Telephone: 0321-2057582

Regular Website:  http://www.irfanlaw.com

 

Law Firm based in Karachi having well experienced Advocates and Lawyers in the fields of Real Estate and Property Law.
E-26, Executive Floor, Glass Tower, Clifton,
Karachi, Sindh
PK
Phone: 03212057582

 

Categories
Property Law

Property Lawyer in Karachi

Our Law Firm offers a fast and efficient service in the following areas of Property Law in all courts of law, including Honourable High Court of Sindh at Karachi and Supreme Court of Pakistan :

  • Property Litigation
  • Acquisition and Sale of Property, both commercial and residential
  • Construction and Planning
  • Landlord & Tenant
  • Legal Action against illegal occupation and encroachment
  • Property Conveyance

Our Clients include property developers, surveyors, banks, pension funds, private clients, retailers, landlords and tenants.

You can Contact Us for detailed consultation.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Telephone: 0321-2057582

Regular Website:  https://www.irfanlaw.com

Law Firm based in Karachi and Islamabad having well experienced Advocates and Lawyers in the fields of Civil Litigation and Property Law.
E-26, Executive Floor, Glass Tower, Clifton,
Karachi, Sindh
PK
Phone: +923212057582

Supreme Court of Pakistan, Islamabad. The Registry of the Supreme Court is also at Karachi.

Categories
About us

CIVIL LITIGATION IN KARACHI PAKISTAN

OUR Law Firm knows how to face challenges arising out of difficult and complex civil cases. We are a well-trained team, working collaboratively in order to win lawsuits. We are confident that we can achieve the needs and best interests of our clients. We have a team of widely known Advocates and Lawyers specializing in all areas of civil litigation, who practice in Civil Courts, District Courts and High Court. The superior Court in Pakistan is Supreme Court of Pakistan the judgements of Honourable Supreme Court of Pakistan are binding on all High Courts and sub-ordinate Courts.

Our Lawyers keep fully engage with clients at all stages of their cases that occur during litigation. Our team is highly experienced and has dealt with thousands of cases in Pakistan with a proven record of accomplishment of winning.

Our specialized team studies all available options in relation to cases and then advises client on the best legal option before the courts. We are sufficiently experienced and professionally equipped to fight in order to achieve the success.

OUR professional team deals with all aspects of juridical administrations facing our clients. We work hard to utilize effective measures in order to shun and avoid problems. We take aggressive legal approach to protect clients’ rights and business plans from others’ aggression.

We have very vigilant and aggressive approach in dealing with Civil Litigation including:

Our services include but no limited to:

Partition of Properties, Cancellation of Documents, Specific Performance of Contracts, Restoration of Possession of Properties, Permanent Injunctions, Suits for Dissolution of Partnerships, Rendition of Accounts, Recovery of Money and Mesne Profits, Declaration of Rights with Consequential Relief, Benami Transactions, Recovery of Damages, Succession Certificates, Stay Orders, Constitutional Writ Petitions before the High Courts, Recovery of Bad Debts and Loans:

Our Law Firm deals with cases of Special Laws relating to:

Consumer Protection, Environmental Protection, Electricity, Gas and Petroleum, Service Matters, Intellectual Property, Excise and Customs, Import & Export.

Ejectment of tenant, Fixation of fair rent, Recovery of rent amount, Registration of rent deeds, Rent Appeals.

Our law firm is very successfully providing legal services for recovery of bad debts and loan by initiating civil and criminal proceeding against defaulters in very vigilant and aggressive manner.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Submit Your Query For a Legal Advice

 
Law Firm in Pakistan dealing with Commercial, Intellectual Property and Family Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582


Categories
Property Law

SIND RENTAL PREMISES ORDINANCE, 1979

Section 4 of the Sindh Rented Premises Ordinance details with the  Controllers. (1) Government may appoint one or more Controllers in any district and if more than one Controller is appointed in the same district Government shall define the local limits within which each of such Controllers shall exercise jurisdiction;

Provided that the Controllers working immediately before coming into force of this Ordinance shall continue to exercise their respective territorial jurisdiction until it has been altered, by Government.
(2) No person shall be appointed as a Controller unless he has worked or, has been working, as a Civil Judge or First Class Magistrate, for not less than three years.
(3) Government may authorize the District Judge or Deputy Commissioner, to transfer cases from one Controller to another within the District.
Section 5 of the Sindh Rented Premises Ordinance details with theAgreement between landlord and tenant. (1) The agreement by which a landlord lets out any premises to a tenant shall be in writing and if such agreement is not compulsorily registrable under any law for the time being in force, it shall be attested by, signed by, and sealed with the seal of, the Controller within whose jurisdiction the premises is situate or, any Civil Judge or First Class Magistrate.
(2) Where any agreement by which a landlord lets out any premises to a tenant is compulsorily registrable under any law for the time being in force, a certified copy of the registered deed and where the agreement is not so registrable, the original deed duly attested under subsection (1), shall be produced and accepted in proof of the relationship of the landlord and tenant;
Provided that nothing in this section shall affect any agreement between the landlord and tenant immediately before coming into force of this Ordinance.

Section 8. of the Sindh Rented Premises Ordinance details with theFair rent. (1) The Controller shall, on application by the tenant or landlord determine fair rent of the premises after taking into consideration the following factors: —-
(a) the rent of similar premises situated in the similar circumstances, in the same or adjoining locality.
(b) the rise in cost of construction and repair charges.
(c) the imposition of new taxes, if any, after commencement of the tenancy; and
(d) the annual value of the premises, if any, on which property tax is levied.
(2) Where any addition to or, improvement in, any premises has been made or any tax, or other public charge has been levied, enhanced, reduced or withdraw in respect thereof, or any fixtures such as lifts or electric or other fittings have been provided thereon subsequent to the determination of the fair rent of such premises, the fair rent shall, notwithstanding the pro¬visions of section 9 be determined or, as the case may be, revised after taking such changes into consideration.

Section 11 of the Sindh Rented Premises Ordinance details with the Discontinuance of amenities and services. (1) No landlord shall dis¬continue or cause to be discontinued any service such as electricity, gas or water, except with the previous consent of the tenant or in compliance with the requisition of the concerned authority or after obtaining the direction of the Controller in this behalf.
(2) Where the landlord has discontinued or caused, to be discontinued any service in contravention of subsection (1), the tenant may make an appli¬cation to the Controller for restoration thereof.
(3) Where the Controller is, after making such inquiry as he deems fit, satisfied that the service has been discontinued without sufficient cause, he shall make an order directing the landlord to have the service restored within such period as may be specified in the order.
(4) Where the landlord has failed to comply with the order of the Con¬troller made under subsection (3), the Controller may take necessary steps to get the service restored and recover the costs of such restoration from the landlord.
(5) Where the landlord has contravened the provisions of subsection (1), he shall be punished with simple imprisonment for a period not exceeding six months or with fine or with both.

Section 13  of the Sindh Rented Premises Ordinance details with the Eviction. No tenant shall be evicted from the premises in his posses¬sion except in accordance with the provisions of this Ordinance.

Section 14 of the Sindh Rented Premises Ordinance details with the Delivery of vacant possession. (1) Notwithstanding anything con¬tained in this Ordinance or any other law for the being in force, the landlord of a building who is a widow, or a minor whose both parents are dead or a salaried employee due to retire within the next six months or has retired or a person who is due to attain the age of sixty years within the next six months or has attained the age of sixty years, may, by notice in writing, inform the tenant that be or she need, the building for personal use and require him to deliver vacant possession of the building within such time as may be specified in the notice, not being earlier than two months from the receipt thereof;
Provided that nothing in this subsection shall apply where more than six months have elapsed since the landlord has retired or attained the age of sixty years or, as the case may be, has become widow or orphan.
(2) Delivery of vacant possession. The landlord shall not be entitled to avail the benefit of subsection (1) if he is in occupation of a building owned by him in any locality.
(3) Where the tenant has failed to deliver the possession of the building under . subsection (1), the Controller shall, on application by the landlord in this behalf, order eviction of the tenant from the building in a summary manner, by using such force as may be necessary.
(4) Where the landlord, who has obtained the possession of the building under this section, relates the building to any person other than the previous tenant or puts it to a use other than personal use within one year of such possession, he shall be punishable with fine which shall not exceed one year’s rent of the building payable immediately before the possession was so obtained.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Feel Free to  Contact Us for detailed consultation.

Telephone: 0321-2057582

Regular Website:  http://www.irfanlaw.com

Submit Your Query For a Legal Advice

For rapid response you can also submit your Query at WhatsApp on +92 321 205 7582 For a Legal Advice
 
Law Firm in Pakistan dealing with Civil Litigation, Commercial, Intellectual Property, Real Estate and Family Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582