Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 2(j),15

Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 2(j),15

Law: Constitution of Pakistan, 1973

Section: 199

(a) Sindh Rented Premises Ordinance (XVII of 1979)-----S. 2(j)---Tenant---Categories---Two categories of tenants i.e. contractual tenant and statutory tenant---Contractual tenant is one who undertakes to pay or is bound to pay rent as consideration for possession or occupation of any premises by him or by any other person on his behalf during contractual period of tenancy---Statutory tenant is one who is bound to pay rent by operation of law such as contractual tenant continuing possession or occupation of premises on expiry of agreed period of tenancy or heirs of tenant in possession or occupation of premises after the death of tenant. Beejal Mal v. Punaji 1987 CLC 1134 rel. (b) Sindh Rented Premises Ordinance XVII of 1979)--- ----S. 15---Landlord and tenant, relationship of---Proof---Payment of utility charges-Effect---Such payment, in absence of any specific terms and conditions of tenancy would not be enough to prove existence of relationship of tenant and landlord. (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Concurrent findings of fact---Petitioner claimed to be owner in possession of premises and he denied any relationship of tenant and landlord---Ejectment application filed by respondent was allowed by Rent Controller and eviction order was passed against petitioner and the same was maintained by Lower Appellate Court---Validity---Petitioner never admitted that in the year, 1983, he or his father had been induced in demised premises as tenant and since then petitioner had been enjoying possession---No demand of enhancing of rent during 30 years had been made by the landlord and respondent filed ejectment proceedings under S.15 of Sindh Rented Premises Ordinance, 1979, after the petitioner committed wilful default in payment of rent for 3-1/2 years---Though no limitation was provided for filing ejectment application but from such unnecessary delay inference could be drawn adversely against the respondent---Rent Controller and Lower Appellate Court erred in deciding the point relating to existence of relationship of landlord and tenant between parties…

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