Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.10---Payment of rent---Landlord and tenant, relationship of---Scope---Depositing of rent was an admission that the petitioner was residing in the capacity of tenant and denial of relationship as tenant and the landlady between the parties did not merit consideration. ORDER HABIB-UR-RAHMAN SHAIKH, J.---Being aggrieved and dissatisfied with the order dated 24-5-2010 passed by the learned Vth Additional District and Sessions Judge, Karachi, East in F.R.A. No.133 of 2008, whereby, while maintaining the order dated 15-11-2008 passed by the learned IInd Rent Controller, Karachi East in Rent Case No.221 of 2005, the Petitioner was directed to vacate the demise premises and hand over its peaceful possession to the respondent within 30 days of that order. Briefly the facts giving rise to this Constitutional Petition are that the respondent No.3 is the owner of the Bungalow constructed on Plot No.58-N/6, PECHS, Karachi whereas the petitioner is the tenant of portion consisting of two rooms, which was let out to the petitioner by husband of the respondent No.3 during his lifetime. Thereafter, after the death of husband of the respondent No.3, the petitioner was demanded to pay monthly rent of Rs.3000 to the respondent No.3 as she has no source of income after the death of her husband. Initially, the petitioner paid to monthly rent only for two months i.e. January and February, 1996 and stopped paying the monthly rent to the respondent No.3. The petitioner was time and again requested for payment of monthly rent to the respondent No.3, which she failed to pay the same and the petitioner was defaulted in payment of monthly rent from March, 1996 to April 2005, which comes to Rs.3,27,000. It is, inter alia, contended by the learned counsel for the petitioner that the two the Courts below have erred in law while passing the judgments, which were passed based misreading and non-reading. She has further contended that the both the Courts below have not applied their judicious mind while passing the impugned judgments. According to the learned counsel for the petitioner, there exist no relationship between the Parties as…

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