Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 15

Law: Constitution of Pakistan, 1973

Section: 199

Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant on ground of bona fide personal need of landlord was allowed concurrently---Tenant (petitioner) denied relationship of landlord and tenant and contended that the alleged landlord had previously filed a similar case against him which was dismissed and that present case was hit by principle of res judicata---Validity---Admitted position was that alleged landlord had previously filed a case against tenant without seeking permission to file a fresh case and the alleged tenancy agreement was between the tenant and another person and it nowhere mentioned the name of the alleged landlord---Premises were subsequently leased to the alleged landlord but she neither asked the tenant to vacate nor sought a fresh tenancy agreement---Alleged landlord could not establish relationship of landlord and tenant between the parties---High Court set aside concurrent findings of courts below---Constitutional petition was allowed, in circumstances. THIS ORDER PASSED BY: GHULAM SARWAR KORAI, JUSTICE:---.--- This petition is filed against the Judgment dated 11-8-2011 passed by the Court of learned IIIrd Additional District Judge, Karachi West, whereby FRA of the petitioner against the order dated 31-7-2010 passed by the learned Vth Rent Controller, Karachi (West) was dismissed and order of the learned trial Court was maintained. The facts of the case are that Mst. Hameeda Begum respondent No.1 filed an application under section 15(ii) of Sindh Rented Premises Ordinance, 1979 for ejectment of the petitioner from the Shop No.A, constructed on Plot No.487, Sheet No.1, Wilayatabad, Manghopir Road, Karachi (demised premises) on the ground of default in payment of rent and personal bona fide need. After service of the notice upon petitioner, he filed written statement and denied the relationship of landlord of respondent No.1 with the petitioner as her tenant. After recording the evidence of both the parties, learned trial Court framed the following points for determination. POINTS (i) Whether there is any relationship of landlord and tenant between…

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