Law notes

Obligation of Landlord & Tenant  The obligations of landlord and tenant are those duties which may be lawfully enforced. As these become legal rights of parties. A person (either landlord or tenant) may be compelled to enforce through different legal remedies in case of violation. Obligation of landlord and tenant Landlord :  Landlord is the owner of premises and it includes a person for time being entitled or authorized to receive rent in respect of the premises let-out to tenant. Tenant :  Tenant is a person who undertakes or is bound to pay rent as consideration for occupation of premises of landlord by him or any other person on his behalf and it includes following persons; a.  A person (tenant) who continues to be in occupation of premises after termination of his Tenancy for the purpose of a proceeding under this Act. b . Legal heirs of a person (tenant) in the event of death of tenant who continues to be in occupation of premises let-out by landlord. c. ...

Ejectment / eviction of Tenant: The law came to regulate the relation between landlord & tenant. This law provides situations when Landlord may seek eviction of tenant. The right of ejectment is a statutory right available to Landlord against tenant. Also it protects the rights of tenant & landlord. Tenant : Tenant is a man (person) who undertakes or is bound to pay rent to the landlord as consideration for occupation of such premises / property by him or by any other person on his behalf such as father, son etc.   i. A person who continues to be in occupation of premises after termination of his tenancy for the purpose of a proceeding under Urbanization Rent Restriction ordinance, 1959. ii. Legal heirs of tenant in the event of death of tenant who continue to be in occupation of premises. iii. A sub-tenant who is in possession of premises or part thereof with the written consent of landlord. Provision : Section 13 of Urbanization Rent Restriction Ordinance, 1959. ...

NOTE: Before the Rent Restriction Ordinance 1959. It was simply fixed by the rent controller by moving application to him by one party or the other. It was revealed by the Supreme Court of Pakistan in Its authoritative Judgement (SCMR 2000 page 559) Barkat Ali VS ........ (by His lordship Irshad Ahmed Khan)  Fair Rent & Its Determination : Rent Restriction Ordinance talks about the fair rent which is to be determined. Both landlord & tenant have right to put their objection regarding fixation of fair rent to Rent Controller. The rent, by rent controller, taking in consideration definite things & for that purpose Rent Controller is empowered to hold inquiry & then fix a fair rent. Provision: Section 4 of Rent Restriction Ordinance, 1959. Meaning : The rent fixed by the controller, under section 4 of the rent law of RRO 1959. Definition : Payment made by tenant to landlord for property demised to him. Determination of Fair Rent : Fair rent is determined in fo...

How the arbitrator is appointed? Who appoint the arbitrator? What is the procedure for appointing the arbitrator? Arbitrator Appointment of Arbitrator: Arbitration is a process in which a dispute is settled between parties outside the Court. An Arbitrator is a person who settles the dispute. He may be appointed by Parties or Court. There may be a sole arbitrator or panel of arbitrators. In case of panel of arbitrators, it is called Arbitrator Tribunal.   Every power given to arbitrator by this act is subject to the agreement between the parties to the dispute.   Provision : Section 8, 12 & 20 (4) of Arbitration Act, 1940. Meaning of Arbitrator or Umpire : It means a person or a body (persons) officially appointed to resolve dispute between parties while umpire is impartial person appointed for deciding, a case or dispute between parties. Circumstances under which Court can appoint the Arbitrator : usually Court does not intervene in the appointment of arbitra...

CONVEYANCING & ITS ESSENTIALS CONVEYANCING : It means drafting an instrument whereby intention is expressed to transfer some right or property/land. Conveyancing PARTS OF INDENTURE (DEED, DOCUMENT, INSTRUMENT): Following are the parts of indenture:  1. Title of the deed : It is the subject matter of deed from where the intention of the scribe(r) is shown. It is the main heading under which all terms and conditions are scribe. 2. Commencement and date : Different deeds are differently scribes according to the nature of the transaction which they affect, for example, “this conveyance”, “this gift deed”, “this agreement”, “this gift deed”, “this mortgage”, “this gift” etc. The date is not part of the deed. A deed takes effect from the date on which it’s delivered. If the date is stated is impossible or unavailable on any calendar, for example, Feb 30, 2001, this does not affect the legitimacy of the deed. 3. Parties : Next comes, the parties to the deed. The parties shou...