RENT disputes are common in urban settings. In Sindh, the Sindh Rented Premises Ordinance, 1979, provides a framework for resolving these disputes. This ordinance strikes a balance between the rights of landlords and tenants. If either party breaches the rental agree-ment, the aggrieved party can seek legal recourse.

For instance, if a landlord attempts to strong-arm a tenant by refusing to receive the monthly rent, the tenant can pay by money order. If still refused, the tenant can approach the rent controller’s court to deposit the rent.

However, if the tenant defaults or violates the agreement, the landlord can obtain an eviction order. Such orders typically favour the landlord, even upon appeal. A notable provision, Section 18 of the ordinance, requires the purchaser of a rented property to notify the tenant of the ownership change, ensuring the tenant pays rent to the new owner.

As a practising lawyer, I have seen contentious cases where tenants claim to have purchased the property during the course of court proceedings. Courts usually rule in favour of vacating the premises until the civil suit regarding the purchase is resolved.

When a tenant comes forward with a defence claiming ownership of the rented property, the whole landscape of the case shifts. However, the rent controller’s hands are tied, and this claim cannot be resolved during the pending rent matter.

To clear this logjam, an amendment is necessary to empower the rent controller to hear and decide the purchase defence. If granted the necessary legal teeth, the rent controller can cut to the chase and settle the long-outstanding civil dispute in a fraction of the time it currently takes, ensuring genuine claims reach their rightful conclusion through a judicial order.

Unfortunately, civil matters often drag on, leaving genuine purchasers in limbo, while wrongdoers continue to occupy the property. To address the matter, the Sindh Rented Premises Ordinance, 1979, needs to be amended.

There should be expedited trials without unnecessary adjournments for disposal of cases within a short period. Besides, there should be hefty fines for false claims of purchase, equivalent to the property’s total value. Such reforms would deter frivolous claims, and ensure that justice is served in a timely manner.

Riaz Ali Panhwar
Hyderabad

Published in Dawn, December 7th, 2024