Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 2(f),15

Law: Constitution of Pakistan, 1973

Section: 23,152,199

(a) Sindh Rented Premises Ordinance (XVII of 1979) --------- ----------S. 15 --------- Constitution of Pakistan, Arts.199 & 23 --------- Constitutional petition --------- Ejectment of tenant --------- Requirement --------- Personal bona fide need of landlord --------- Denial of relationship of landlord and tenant by the tenant --------- Scope --------- One who received the rent would fall within the meaning of "landlord" --------- Once tenant had admitted the paying of rent to a person he could not subsequently take an exception thereto --------- Selection of business place was the sole prerogative of landlord if having more than one premises --------- Only requirement for seeking eviction of a tenant was the proof of bona fide need of landlord --------- Such requirement would be discharged the moment landlord appeared in the witness box and had made such statement on oath or in the form of an affidavit-in-evidence if it remained un-shattered in cross-examination and un-rebutted in the evidence adduced by the opposite party --------- Tenant had no right to disentitle the landlord of his/her valuable right to acquire, deal and possess his/her property --------- No illegality had been committed by the courts below --------- Legitimate and legal right could not be knocked out on technical ground --------- Constitutional petition was dismissed in circumstances. 2011 CLC 1389 and 1997 CLC 1126 ref. 2011 SCMR 589; Shakeel Ahmed and another v. Muhammad Tarique Farogh and others 2010 SCMR 1925 and 2009 YLR 1052 rel. (b) Sindh Rented Premises Ordinance (XVII of 1979) --------- ----------S. 2(f) --------- "Landlord" --------- Meaning --------- One who received the rent would fall within the meaning of landlord. 2011 SCMR 589 rel. (c) Civil Procedure Code (V of 1908) --------- ----------S. 152 --------- Clerical error, correction of --------- Court had power to correct clerical error. THIS ORDER PASSED BY: SALAHUDDIN PANHWAR, JUSTICE:---------- Petitioner Muhammad Yaseen, through instant petition, has sought declaration that following order (s) be declared as having been passed without lawful authority:- Order dated 14.01.2010 (closing side of petitioner/opponent in…

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