Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 15

Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 2(c)

[Sind Rented Premises Ordinance (XVII of 1979)]......S 15-Eviction proceedings-Order of Rent Controller that there existed no relationship of landlord and tenant between parties arrived at after full discussion and appreciation of evidence and after considering relevant provisions of law-Copy of P. T. 1. issued by Excise and Taxation Department not showing names of petitioners as tenants and respondents failing to prove that peti­tioners were liable to pay rent for disputed premises-Petitioners, held, being not tenant, not liable to pay rent and as such their eviction from disputed premises declined. Ahmad Din v. Mst. Muhammad Nisa and another P L D 1961 (W. P.' Kar. 237 ref. (b) Sind Rented Premises Ordinance (XVI1 of 1979)- -- S. 2(c).-"Landlord''-Eviction proceedings-Landlord need not necessarily be owner. of rented land-Before landlord can claim to be a landlord and that respondents are his .tenants, he has to prove that he is for time being entitled to receive rent in respect of premises in question whether on his account or on behalf of or benefit of any other person. (c) Sind Rented Premises Ordinance (XV11 of 1979)- S. 15-Eviction proceedings-Right of appeal-When civil Court decides preliminary issue as to jurisdiction in favour of plaintiff, no appeal lies against finding and mere fact that issue as to jurisdiction has been decided cannot be ground for granting a right of appeal. Ibrahim v. Muhammad Hussain P L D 1975 S C 457 ; Rashid Ahmad v. Soofi Muhammad and another P L D 1977 Lah. 793 and MJs. Kanda­wala & Co. Ltd., Lahore v. Shaikh Fayyaz-ud-Din and others 1969 S C M R 720 ref. ORDER The four appeals mentioned above challenge the consolidated order, dated 27th October, 1977 passed by the Additional District Judge, Karachi in Rent Appeals Nos. 290, 291, 292 and 289 of 1975, whereby the order dated 24th April, 1975 passed by the Controller on preliminary issue of relationship of landlord and tenant was reversed and the consolidated order, dated 15th October, 1980 of the Vth Rent Controller and XIIIth Civil Judge, Karachi in Rent Cases Nos. 2322, 2323, 2324 and 2325 of 1971, directing the respondents to vacate the disputed premises within one…

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