Law: Sindh Rented Premises Ordinance, 1979

Section: 5 , 14 , 21(2)

Sindh Rented Premises Ordinance (XVII of 1979)--- ---- Ss. 5 & 14 --- Contention of tenant that after death of original landlord his widow and tenant having mutually agreed to enhance rent of premises, new tenancy was created between the parties was repeated ' on the grounds that agreement between parties was not duly attested under S.5 of the Ordinance and mere enhancement of rent or alteration of terms and conditions of tenancy would not amount to creation of new tenancy --- In order to constitute a fresh tenancy, it must be shown to have been terminated by an order of eviction passed by Rent Controller. Matloob v. Mst. Saeeda Khatoon 1988 S C M R 1575 ref, Sindh Rented Premises Ordinance (XVII or 1979)--- ---- S.14 --- Co-owner, being competent to file an application for ejectment, mere 'fact that there were other heirs of deceased husband of landlady, would not in any way adversely affect ejectment case filed by landlady Against tenant when she was herself a co-owner with others. Jorge Levi v. Mst. Zakia Sultana 1984 C L C 3066; Mst. Seyeda Haidri Khatoon v. Aftab Ahmad and 8 others 1986 C L C 1534 and Wahab-un-Nisa v. Abdul Sattar 1989 C L C 517 ref. Sindh Rented Premises Ordinance (XVII of 1979)--- ---- S. 14 --- Word 'owner' does not contemplate a sole owner.--[Words and phrases]. Sindh Rented Premises, Ordinance (XVII of 1979)--- ---- Ss. 14 & 21(2) --- Mere fact that appeal had been admitted, would not entitle appellant to interim injunction or stay, if he had no prima facie case --- Even otherwise an embargo had been placed under proviso to subsection (2) of S.21 of Ordinance on grant of injunction in appeal from order passed under S.14 of Ordinance. Muhammad Ali Jan for Appellant. Muhammad Zubair Qureshi for Respondent. Date of hearing: 3rd March, 1991. ORDER This F.R.A. is preferred against the judgment of Ist Senior Civil Judge and Rent Controller (Central), Karachi dated 11-11-1990, whereby he directed the appellant to vacate the disputed shop and hand over the possession to the respondent within 60 days. Alongwith the F.R.A. an application for stay (CMA No.8/1991) and an application for calling R&P (CMA No.203/1991)…