Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 2(h),15

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.15---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted by Supreme Court to consider whether it was the purpose for which the property was originally rented out which would determine the question of nature of the property for the purpose of ejectment petition on the subsequent use to which the tenant had put the property rented out to him. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss.2(h) & 15---Ejectment proceedings---Maintainability---Property used as hotel---Scope---Hotel rented out to tenant is not deemed to be "premises" for the, purpose of maintaining ejectment petition before Rent Controller as the same has been expressly excluded from the definition of "premises" given in Sindh Rented Premises Ordinance, 1979, as eviction petitions are maintainable only in respect of "premises". (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss.2(h) & 15---Ejectment of tenant---Changing nature of premises--­Converting of open plot into hotel without written permission of landlord ---Open plot was rented out by landlords and tenants unilaterally without written permission of the landlords converted the same into a hotel ---Ejectment petition was resisted by the tenants on the ground that the premises was a hotel which was not included in the definition of "premises" as defined under S.2(h) of Sindh Rented Premises Ordinance, 1979---Rent Controller passed eviction order against the tenants but High Court reversed the findings of Rent Controller and eviction order was set aside---Validity---Unilateral act of tenant of using the property for a particular purpose after the same was rein ed out by landlords was not the determining factor whether the same would fall within the definition of term "premises" as given in S.2(h) of Sindh Rented Premises Ordinance, 1979, whereas it was the purpose for which the property originally was let out which would determine whether the same fell within the definition of premises to attract the provisions of Sindh Rented Premises Ordinance, 1979---Property which was let out to the tenants was an open plot, therefore, it would…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492