Case Details

Citation(s)
1988 SLG 737 1988 SLD 737 = 1988 PLD 8
Sindh High Court

Presented By:

Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑‑ ‑‑‑ Ss. 13 & 15‑‑Landlord and tenant‑‑ Proof of relationship‑ ‑Where tenant did not lead any evidence in rebuttal of evidence of landlord and in support of his plea for non‑existence of relationship of landlord and tenant, finding of Rent Controller that such relationship existed between parties, held, would not call for interference in appeal. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑‑ ‑‑‑ S. 13‑A‑‑Transfer of ownership of rented premises‑ ‑Notice to tenant‑ Requirements ‑Question of notice to tenant of transfer of ownership of premises under S. 13‑A of Ordinance VI of 1959, held, would be relevant only in one situation viz. of default in payment of rent‑‑ Ejectment application on ground other than that of default in payment of rent could not be affected by provisions of S. 13‑A of Ordinance VI of 1959. Sabu Mal v. Kika Ram alias Heman Das 1973 S C M R 185 rel. (c) West Pakistan Urban Rent Restriction Ordinance (VT of 1959)‑‑‑‑‑ S. 13‑‑Sind Rented Premises Ordinance (XVII of 1979), S. 15‑ Expression "any alteration" ‑‑Connotation‑‑ Alterations carried out in premises by tenant‑‑ Burden to prove period during which such alterations were carried out‑‑ Determination of relationship of landlord and tenant after expiry of agreement‑‑ Burden to prove alterations during period of tenancy agreement would be on tenant‑‑ Words, "any alterations" would be construed against person or party invoking same in aid‑‑ Tenant could not take shelter against any provisions of tenancy agreement which had already expired‑‑ On expiry of agreement tenant, held, would be deemed to be statutory tenant governed by the provisions of Rent Restriction Ordinance. ‑‑[Words and phrases). Sabu Mal v. Kika Ram alias Heman Das 1973 S C M R 185 and ~ Jumma Khan Baluch v. Government of Pakistan P L D 1957 (W.P.) Kar. 939 ref (d) West Pakistan Urban Rent Restriction Ordinance M of 1959)‑‑ ‑‑‑ S. 15‑‑New plea in first appeal when permitted‑‑ High Court in first…
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