Law: Sindh Rented Premises Ordinance, 1979

Section: 15

Law: Transfer of Property Act, 1882

Section: 106

Law: CiviI Commotion Compensation Fund (Repeal) Act, 1972

Section: 12(2)

Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Transfer of Property Act (IV of 1882), S.106---Civil Procedure Code (V of 1908), S.12(2)---Ejectment of tenant---Sub-letting---Pugree (Goodwill), payment of was a trust and owner of shops in question which were in possession of defendant on Pugree---Money decree was passed in favour of plaintiff and tenancy rights regarding shops in question were ordered to be transferred in favour of plaintiff---Single Judge of High Court declined to set aside and decree passed in favour of plaintiff---Plea raised by appellant was that no tenancy regarding shops in question could be created in favour of plaintiff to satisfy money decree passed against tenant---Validity---Periodic lease as provided under S.106 of Transfer of Property Act, 1882, was similar to common rental practice of immovable properties---Fine distinction between the two was that rental properties were governed under Sindh Rented Premises Ordinance, 1979, and as a special law prevailed over the provision of S.106 of Transfer of Property Act, 1882---About transfer of rental right without will and wish of landlord, nothing of such sort was mentioned in Sindh Rented Premises Ordinance, 1979 and it did not recognize induction of another tenant in premises by existing or previous tenant---Sub-tenancy was a tenant without will and wish of landlord and if it was established that there was a sub-tenant both had to face forced ejectment from property---Division Bench of High Court set aside order passed by Single Judge of High Court and remanded the matter to thresh out all intricate questions of law and fact for which parties would need to bring evidence---Appeal was allowed accordingly. Allah Ditta v. Ahmed Ali Shah 2003 SCMR 1202; Muhammad Ali v. Ghulam Sarwer 1989 SCMR 640; Allied Bank of Pakistan Ltd v. Rashid Hayder Rizvi 1989 MLD 3602; T.E.S. (Pvt.) Ltd. v. Indian Chemicals AIR 1959 Asam 61; Muhammad Hanif v. Mumtaz Ahmed PLD 1986 Kar. 16; Muhammad Aslam v. Hanif Abdulla and Brothers 2003 SCMR 1667 and Mst. Sughra Kauser v. Muhmmad Siddique Manan 1992 MLD 903 ref. JUDGMENT FAHIM AHMED SIDDIQUI, J.--- By means of this appeal the appellant has assailed…

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