Case Details

Citation(s)
1987 SLG 1508 1987 SLD 1508 1987 SCMR 611
Supreme Court of Pakistan

ABDUL KADIR SHAIKH AND S.A. NUSRAT, JJ

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Law:

Section:

1987 SCMR 611 Present: Abdul Kadir Shaikh and S.A. Nusrat, JJ Syed MUHAMMAD HAIDER ZAIDI--Petitioner Vs ABDUL HAFEEZ--Respondent Civil Petition for Leave to Appeal No. 9-K of 1986, decided on 19th May, 1986. , Constitution of Pakistan (1973)-- --Art. 185(3)--Sind Rented Premises Ordinance (XVII of 1979), Ss.2(f) & 14--'Landlord' definition of--Ejectment--Landlord gifting away demised premises to his wife, continued receiving rent from tenant and on retirement sought ejectment on ground of personal need--Order rejecting ejectment application impugned--Leave to appeal granted to consider contention that landlord in meaning of S. 14 of Ordinance read with definition clause under S.2(f) not only includes 'owner of the premises but also person who is for the time being authorised or entitled to receive rent in respect of such premises and since petitioner's case fell in second category, he was entitled to respondent's eviction on ground of personal need.--[Words and phrases]. S. M. Abbas, Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing: 19th May, 1986. ORDER ABDUL KADIR SHAIKH, J.-- Petitioner being the owner of the demised premises let out the same to respondent under a rent-agreement, dated 25-3-1968. In 1974 he gifted the property to his wife but did not inform the respondent about this transaction and continued to recover rent from respondent. It is the admitted position that in spite of the gift of the property in favour of petitioner's wife there was neither any objection by the wife, in fact her consent in this regard, nor by the respondent as to the relationship of landlord and tenant between the petitioner and the respondent. After having retired from service petitioner applied for respondent's eviction from the…
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