Case Details

Citation(s)
1998 SLD 729 = 1998 CLC 717
Sindh High Court
First Rent Appeal No.348 of 1992, decided on 26th September, 1996.
Presented By: Before Kamal Mansur Alam, J
Mirza Waqar Beg for Appellant. Rehanul Hasan Farooqui for
Respondent.

Sh. MUHAMMAD KHALID---Appellant

VERSUS

FAKHRUDDIN---Respondent

Law: Sindh Rented Premises Ordinance, 1979

Section: 14 , 15 , 22

  Sindh Rented Premises Ordinance (XVII of 1979)-- ---Ss- 14, 15 & 22---Execininn of ejectment order---Validity---Tenant against whom electment order was finally passed had contended that he was occupying as tenant two adjoining shops having two different numbers and owners and that wall between the two shops was removed by him se as to use those two shops as one---Said two shops were situated on two different plots one owned by landlord and other by his son---Tenant had contended that landlord had sought ejectment of shop situated on plot owned by him alone and that ejectment of tenant was also directed by Rent Controller only in respect of shop owned by landlord, but landlord taking advantage of fact that both those shops were connected, wanted to eject him from other adjoining shop also on the basis of ejectment order-- Landlord in his ejectment application had claimed to be landlord of shop sought to be ejected and nowhere in his ejectment application he said a word about his claim to adjoining shop---Landlord himself admitted in his cross-examination that plot on which other adjoining shop was situated belonged to his son---On basis of ejectment order as also landlord's ejectment application, landlord would be entitled to the shop situated on plot owned by him only and not to any other shop---Case, however, was remanded to Rent Controller with direction to determine as to whether any portion of the shoo from which tenant was sought to be ejected was situated on other adjoining plot.   Muhammad Anwar v. Jamaluddin 1996 SCMR 771; Ch. Ghulam Mujtaba v. Mst. Naeema Khanum 1985 SCMR 38; Mst. Khursheed Begum and others v. Ghulam Kubra and others 1982 SCMR 90; Muhammad Ali v. Mst. Hameeda Begum 198$ jCMR 705 and Syed Muhammad Hyder Zaidi and others v. Abdul Hafeez 1991 SCMR 1699 ref. Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.14---Landlord---Word "landlord" used in S.14 of the Ordinance-- Meaning. Syed Muhammad Hyder Zaidi and others v. Abdul Hafeez 1991 SCMR 1699 ref. Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.14---Personal       …
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