Case Details

Citation(s)
1990 SLD 501 = 1990 CLC 810
Sindh High Court
First Regular Appeal No. 935 of 1986, heard on 21st February, 1989.
Presented By: Before Abdul Razzak A. 7halum and Abdul Rasool Agha, JJ
Shah Maqsood Ahmad for Appellants. Muhammad Ahsan Shaikh for
Respondent.

ATTAUL HAQ and 6 others---Appellants

VERSUS

Mirza MASOOD ALI WARSI---Respondent

Law: Sindh Rented Premises Ordinance, 1979

Section: 2

Sindh Rented Premises Ordinance (XVII of 1979)-- ---S.    2(t)---Word    "landlord"---Definition---Word `landlord' not only includes owner of premises, but also the person for the time being authorised or entitled to receive rent in respect of the premises--- Brother of deceased owner of premises who had let out premises to tenant and was receiving rent from tenant, being himself landlord, after his death, held, his successors would also be entitled to receive rent from tenant for the time being. Shah Maqsood Ahmad for Appellants. Muhammad Ahsan Shaikh for Respondent. Date of hearing: 21st February, 1989. JUDGMENT ABDUL RAZZAK A. THAHIM, J.--This First Rent Appeal is directed against the order dated 24-6-1986 of Vth Sr. Civil Judge and Rent Controller Karachi East whereby he dismissed the rent case on the ground that there 'exists no relationship of landlord and tenant between the parties. The facts are that rent case was filed by appellant under Section 15 of the Sind Rented Premises Ordinance, 1979 on the ground of default. The respondent used to pay rent to father of the appellant namely Munshi Muhammad Ibrahim. I have heard Mr. Shah Maqsood Ahmad learned counsel for the appellant. He has argued that Munshi Muhammad Ibrahim and deceased Abdul Hameed are brothers. The premises were let out to respondent by late Munshi Muhammad Ibrahim and he used to pay rent but ail of sudden he stopped making payment therefore rent case was filed.Mr. Mohammad Ahsan Shaikh appearing for…
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