Law:

Section:

(a) Sind Rented Premises'. Ordinance (XVII of 1979)----- Ss 15, & 18 Relationship of - landlord and tenant-Tenant had admitted 'that 'he was' tenant of the 'premises "-landlord in support of his averment that he was the owner of the premises, produced registered gift deed and stated that registered notice under S.18 was returned undelivered--Envelope containing said notice was annexed to the application for ejectment--Framing of a preliminary issue as to the relationship of landlord. and tenant, held, would not be necessary as title to the' property had been established by the production of registered gift deed. (b) Sind Rented Premises Ordinance (XVII of 1979)-- ---:S. 18--Question of notice under S.18 to the tenant' Is relevant only when eviction of the, tenant was sought on ground of default. (c) Sind Rented Premises ordinance (XVII of, 19,79)-- S. 2(f)--Transfer of Property Act (IV of 1882), S.55(6)(a)-­"Landlord" --Once the property is transferred by registered gift deed, done becomes the owner of the property and entitled, as an owner thereof, to receive the rent in accordance with the provisions of S.55(6)(a) of Transfer of Property Act, 1882 and thus becomes "landlord" of the property within the meaning of S..2(f) of the Sind Rented Premises Ordinance, 1979--Tenant cannot question the validity of the gift in favor of the done--Validity of the gift, however can be questioned by the heirs of donor if it was at all open to them. Pervaiz Akhtar' v 'Dr Muhammad Ahsan and others PLD 1988 SC 734 ref. JUDGMENT NAIMUDDIN, J.--Predecessor-in-interest of the appellants Muhammad Ishaq was the tenant of House No.2/389 Azizabad, Federal 1131 Area, Karachi. He died during the pendency of First Rent Appeal No.935 of 1984 filed by him in the High Court of Sind at Karachi. The respondent is the owner and landlord of the house. The house was gifted to him by his maternal-uncle Qadeer Ahmad by gift deed registered with the Sub-Wegistrar, Karachi on 24-11-1979. 2. After the transfer of the property by gift to him, the respondent filed an application under section 15 of the Sind Rented Premises Ordinance, 1979 against the father of appellants Nos. 2 to 6 and the husband…

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