Law: Sindh Rented Premises Ordinance, 1979

Section: 5,14&19

Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss.5, 14 19---Qanun-e-Shahadat (10 of 1984), Art. 113---Eviction petition---Personal need and default in payment of monthly rent, instead of filing written statement, submitted a letter claiming that demised premises were not owned by respondent; and that respondents previous (rent) case was dismissed concurrently---Rent Controller proceeded with the case treating the said letter as written statement and allowed the case and directed the petitioner to vacate the demised premises---Appellate Court dismissed petitioners appeal contended that respondents previous (rent) case was dismissed, hence the subsequent was not maintainable; that respondent was not the owner of demised premises; that no relationship of landlord/tenant between parties existed; and that petitioner had possession of premises as owner---Held, that respondent did not conceal the fact of previous (rent) case (filed in 2012 and dismissed in 2014) and made reference thereto in subsequent case---Subsequent case was based on new cause of action of default of payment since July 2018---Said fresh cause of action was accrued to him after dismissal of his previous (rent) case, hence, there was no bar as to file the subsequent (rent) case had specifically admitted before two competent forums (in written statement, counter affidavit and affidavit-in-evidence) that he was the tenant of respondent and paying rent to him---Certified copies of the previous case were produced by respondent and contents whereof were admitted by petitioner in his cross-examination---Relationship of landlord and tenant was established when respondent produced copy of sale deed in his favour which was not disputed by petitioner had neither produced any title document nor filed any suit before Civil Court seeking declaration that he was owner of the demised premises---Tenant had no locus standi to question/challenge the title of the owner of the premises of which he was a tenant was not cross-examined by petitioner on issue of default could not have shaken the stance of respondent as to personal need---In absence of his written statement, Rent Controller ought to have…

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