Case Details

Citation(s)
2022 SLG 3188 2022 SLD 3188 2022 YLR 2180
Sindh High Court
C. Ps. Nos. 2695 to 2699 of 2017, decision Dated: 8th April, 2021.
MUHAMMAD SHAFI SIDDIQUI, J
Rehman Aziz Malik for Petitioner (in all Petitions). Nemo. for
Respondents.

Syed MUHAMMAD

VS

NOORULLAH and others

Law: Sindh Rented Premises Ordinance, 1979

Section: 15,18,15 2(f)

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 15 18---Eviction petition---Change in ownership--- Scope / landlord filed eviction applications in respect of five tenements in use of petitioner/tenant on the ground of default after service of notice under S.18---Rent Controller and Appellate Court concurrently ordered eviction of tenant---Tenant denied the relationship of landlord and tenant---Validity---Tenant had claimed to have purchased the property but nothing was brought on record in that respect---Tenant had already conceded in his written statement that he was inducted in the premises as tenant, which was a crucial statement---Tenant had admitted in his cross-examination that despite his coming to know about issuance of PT-1 (Property Tax-1) in the name of landlord, he had not initiated any legal proceedings---PT-1 issued to the predecessor of landlord was available along with affidavit-in-evidence---PT-1 might not constitute ownership but it did authorize the one who was found in constructive possession to regulate his possession as required under the law---PT-1 had authorized the landlord to deal with the property as he deemed fit and proper---Notice under S. 18 of the Sindh Rented Premises Ordinance, 1979, was issued to the tenant to apprise him about the situation as to the change of PT-1 and authority of new landlord---Landlord had stepped into the shoes of previous landlord to whom PT-1 was issued---Impugned s did not call for interference---Constitutional petitions were dismissed. AIR 2011 SC 3774 and AIR 2003 SC 3542 rel. Haji Faqir Muhammad’s case 1989 CLC 252; Mst. Parveen Bibi’s case 2007 CLC 1106; Muhammad Naeem’s case 1999 MLD 1342; Haji Mohammad Ramzan’s case Mian Muhammad Amin’s case PLD 1967 Pesh. 380; 1982 CLC 1770 and Saleh Muhammad’s case 1984 CLC 916 ref. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 15 2(f)---Eviction application---’Landlord’---Scope---Proceedings under S. 15 of Sindh Rented Premises Ordinance, 1979, at least to the extent of grounds other than personal requirement can be maintained by a ‘landlord’ who may not be the owner, in terms of S. 2(f)---Section 2(f) of Sindh Rented Premises…
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