Law: Sindh Rented Premises Ordinance, 1979

Section: 2(f),15,18

Sindh Rented Premises Ordinance (XVII of 1979 )--- ----Ss. 2(f), 15 & 18----Eviction of tenant---Denial of relationship of landlord and tenant by the tenant---Legal status of the eviction petitioner objected by the tenant---Scope---Eviction petition---Maintainability---Words "owner" and "entitled to receive" in S.2(f), Sindh rented Premises Ordinance, 1979---Scope---Petitioner/tenant contended that respondent(lady) was not competent to file eviction petition against him as she had yet to prove gift deed, regarding demised premises, in her favour by her deceased husband and said gift was never complete in her favour as possession was with him (tenant)---Petitioner submitted that he was tenant of her late husband and was continuously paying the monthly rent in the Court in his (husband's ) name as demised premises was yet to be transferred to the legal heirs of the original owner---Respondent (lady) contended that her father-in-law was original owner of the whole property who gifted/transferred half of the said property( including demised premises) to her late husband and she, being a legal heir, was competent to move the Rent Controller---Validity---Section 2(f) of Sindh Rented Premises Ordinance, 1979 stipulated the definition of 'landlord' which not only included "owner" but also 'entitled to receive'---Succession opened the moment he died and his legal heir(s) became the owner even without such entry in record of rights---Ownership earned through inheritance thus, was not necessarily dependent upon entry/mutation in record of rights---After the demise of original owner his legal heirs would be construed as 'owner' and could file the ejectment petition without any Letter of Administration thus, ejectment petition filed by the lady was maintainable---Tenant had admitted the status of husband of the lady as 'landlord' and he even acknowledged that he (petitioner), on refusal of the husband of the lady to accept the rent, started depositing the rent in the name of husband of the lady---Relationship of landlord and tenant between husband of the lady and the tenant was never a matter of dispute---Since the husband of the lady had died leaving the her as one of…

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