Case Details

Citation(s)
2001 SLG 3012 = 2001 SLD 3012 = 2001 YLR 45
Court of Special Judge, Karachi
First Rent Appeal No. 7 of 1993, decided on 4th May, 2001.
Presented By: Syed Zawwar Hussain Jafferi, J
Abdul Fateh Malik for Appellants Manzoor Ahmed Junejo for
Respondents.

Mst. SHAHZADI and others‑‑‑Appellants

VERSUS

ALTAF ALI and another‑‑‑Respondents

Law: Sindh Rented Premises Ordinance (XVU of 1979)

Section: 15

Sindh Rented Premises Ordinance (XVII of 1979) ‑S.15‑‑‑Question of relationship of landlord and tenant ‑‑‑Ejectment application was filed against brother of the tenant‑‑‑Rent Controller‑dismissed the application on the ground that the landlord had failed to prove the relationship of landlord and tenant between the parties‑‑‑Validity‑‑‑Tenant had proved his tenancy and there was no default on his part as the rent was being paid by him by way of other modes provided in law, the Rent Controller had rightly dismissed the ejectment application‑‑‑Where the premises was required for personal bona fide use, the landlord might initiate proper proceedings against the tenant for the purpose of eviction‑‑‑High Court declined to interfere in the order passed by the Rent Controller. Muhammad Alam through Legal Heirs v. Sultan Shah PLD 1988 Kar. 369; 1982 MLD 2011; Dost Muhammad v. Mst. Ramzan Bibi and 9 others 1990 MLD 1667; Deedar Ahmed and another v. Cooperative Engineers Limited 1992 MLD 1049 and Rahmat Khan v. Mst. Hamida 1992 MLD 1685 ref. Date of hearing: 3rd April, 2001                                                                                                                                  JUDGMENT The present rent appeal is directed against the order, dated 11‑1‑1993 passed by the learned I‑Senior Civil Judge/Rent Controller, Sukkur in Rent Application No. 1 of 1991 (Mst. Shahzadi and others v. Altaf Ali and another) dismissing the application under section 15 of Sindh Rented Premises Ordinance, 1979. The appellants above -named had tiled the said application with following prayers:‑‑‑ (a) To pass the decree and judgment in favour of the applicants. (b) To pass judgment and ejectment order against the opponent No. 1 as wilful defaulter for more than 225 months, and failed to pay the rent arrears from 21‑2‑1972 till today, and sublet the said…
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