Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 10 & 15---Constitution of Pakistan, Art.199--- Constitutional petition---Ejectment of tenant---Contention of landlord was that premises was given on rent by his brother to the tenant (school)---Denial of relationship of landlord and tenant by the tenant---Tenant claimed that premises was donated to the school---Ejectment petition was accepted by the Rent Controller on the ground of default in payment of rent however the same was dismissed by the Appellate Court on the ground that there existed no relationship of landlord and tenant between the parties---Validity---No rent agreement was available with the petitioner that premises was given on rent by his brother (the alleged donor) in the year 1968-1969 and rent receipt showing that the said property was let out to the respondents was found to be dubious---No receipt for payment of rent for the period between 1968-1969 to 1987-1988 i.e. 20 years was produced by the petitioner during the trial to prove his case that the respondents were his tenants--- Landlord-petitioner produced certain receipts regarding payment of rent but the receipts were either not bearing proper signatures, and from the receipts it appeared that the payment had been made through cash, which payment could not be made as the government payments were usually made by way of cross cheque etc. and payment of rent by way of cash hardly carried any weight---Proceedings of ejectment had been initiated by the petitioner by stating that the property was rented out by his brother but at no stage of proceedings the brother of landlord-petitioner had claimed about either giving the property on rent or issuing any receipt---School was taken over by a valid legislation and the then school manage-ment had never challenged the same---Respondents (Government authorities) never accepted the petitioner to be the landlord or owner of the premises, hence principles of estoppel and res judicata had no bearing to the present petition---Mere entries in the Excise and Taxation Register in respect of premises would be of little value for the purpose of establishing relationship of landlord and…

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