Law: Sindh Rented Premises Ordinance, 1979

Section: 2 (f) , 14 , 15 (2)(vii)

  Sindh Rented Premises Ordinance (XVII of 1979)-- ---Ss. 2 (f), 14 & 15 (2)(vii)---Ejectment on ground of personal bona fide need--Person, other than owner of premises, such as attorney, agent or rent collector of owner of premises are not competent to apply for ejectment of tenant on ground of their personal need or for need of their spouses or children---Term `landlord' used in Ss. 14 & 15 (2) (vii) of Ordinance, has been used for owner of premises. 1987 C L C 1.716; P L D 1988 S C 734; P L D 1958 Lah. 218; 1986 C L C 1873; Qasim and others v. The State P L D 1967 Kar. 233; 1985 C L C 882; P L D 1981 S C 545; P L D 1985 S C 1;1984 C L C 3093; 1987 M L D 281 and S. Moinul Hasan v. A.H. Junaid 1985 C L C 882 ref. Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.2(f)(j)---Relationship of landlord and tenant---Appellant claimed that premises let out by his father to respondent had been gifted out to him by his father and respondent who upon receipt of intimation of change of ownership of premises by virtue of gift transaction had paid rent to him, could not challenge title or ownership of appellant in respect of premises---Respondent, successfully proved that claim of appellant regarding gifting out premises to him by his father was wholly false and that attornment or act of paying rent to appellant by him was outcome of misrepresentation made by appellant and his father---Fact of misrepresentation having stood proved, paying rent by respondent to appellant, held, would not result in creating valid relationship of landlord and tenant between them. 1987 C L C 1716; P L D 1988 S C 734; John Nadjarian v. E. F. Trist A I R (32) 1945 Bom. 399 and 39 Bom. L R 1034 ref. A. R. Mirza for Appellant. Khalilur Rehman for Respondent. Dates of hearing: 28th, 29th, 30th November and 1st December, 1988. JUDGMENT MUHAMMAD MAZHAR ALI, J.--This appeal at the instance of landlord is directed against the order of the learned IVth Senior Civil Judge/Rent Controller, Karachi (West), dated 10th May, 1987, thereby dismissing the ejectment application filed by the appellant against the respondent on the grounds of default in payment of rent and electricity…