| Citation(s) |
|---|
| 1991 SLD 1866 = 1991 CLC 1937 |
Sindh High Court
Second Rent Appeals Nos.2, 3, 4 and 5 of 1985, decided on 9th April, 1991.
Presented By: Before Syed Haider Ali Pirzada, J
Abdul Majeed for Appellant. Salim Karamally for
Respondents.
Second Rent Appeals Nos.2, 3, 4 and 5 of 1985, decided on 9th April, 1991.
Presented By: Before Syed Haider Ali Pirzada, J
Abdul Majeed for Appellant. Salim Karamally for
Respondents.
NIZAMUDDIN---Appellant
VERSUS
QAMARUDDIN JAFFAR VALIANI and another---Respondents
Law: Sindh Rented Premises Ordinance, 1979
Section: 15 , 21
Law: Civil Procedure Code (V of 1908)
Section: 1
Sindh Rented Premises Ordinance (XVII of 1979)-. ----Ss.15 & 21---Ejectment of tenant on ground of subletting---Original tenant not contesting ejectment application---Appellants claiming to be tenants contesting ejectment application---Status of tenant---Proof---Persons who had not been inducted into the premises by landlord when seeking status of tenant that must be secured by evidence of a very high order---Rent receipts produced by appellants were not issued in their name but were issued in the name of original tenant-- Tenancy in favour of appellants had not been established by any writing or other reliable evidence---Rent Controller had rightly scrutinized evidence that had come on record and is conclusion to the effect that there existed no relationship of landlord and tenant between parties was based on proper appreciation of evidence---Such finding of fact was affirmed by First Appellate Court Concurrent findings of fact of both Rent Controller and Appellate Court that no relationship of landlord and tenant existed between the parties was well founded and merited no interference. Agha Mohammad v. Haji Maula Dad P L D 1971 Quetta 10 and Syed Muhammad Sadiq Shah v. Nasim Akhtar etc. 1991 C L C 1329 ref. Civil Procedure Code (V of 1908)--- ----O.VI, R.1---Qanun-e-Shahadat (10 of 1984), Art. 2 (1) (c)---Pleadings and evidence---Pleadings could not be treated as substitute for evidence.--- [Evidence] Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.15---Ejectment of tenant on ground of default---Original tenant not contesting ejectment proceedings---Appellants claimed to be tenants but Rent Controller on appreciation of evidence found that relationship of landlord and tenant did not exist between the' parties---Rent Controller in such event. without recording evidence on default in payment of rent could pass order of eviction straightaway---Appeals against ejectment being devoid of merit were dismissed in circumstances. Nisar Ahmad v. Nazar Muhammad P L D 1974 Lah. 489; Nooruddin and another v. Muhammad Qasim and 6 others P L D 1976 Kar. 921; Muhammad Siddique v. Naseer Ahmad P L D 1976 Lah. 1078; Amanullah Khan v. Chotey Khan…