Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)--S.15---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider, whether terms and conditions printed on the back of rent receipt constituted a mutual agreement between tenant and landlord within meaning of S.15(2)(ii), Sindh Rented Premises Ordinance, 1979. Dr. Sakina Tapal v. Mst. Rashida Bano 1981 CLC 656; Abdul Qayyyunm v. Ali Akbar 1982 CLC 1864 and Muhammad Usman v. Yousuf Ali Muhammad Bhai 1986 CLC Kar. 380 ref. (b) Sindh Rented Premises Ordinance (XVII of 1979)-- ----S.15---Absence of plea in pleadings---Effect---Landlord during proceedings filing affidavit stating therein that tenants were inducted in terms of conditions printed on the back of rent receipt---Landlord's evidence, in absence of pleadings to that effect could not be looked into. Government of West Pakistan (now Punjab) v, Haji Muhammad PLD 1976 SC 469 rel. (c) Sindh Rented Premises Ordinance (XVII of 1979)-- ----S.1-5---Signing by tenant on the back of counterfoil of rent receipt---Evidentiary value of contents on the back of such counterfoil---Inference to be drawn from the signatures---Mere signing by tenant on the back of counterfoil of rent receipt was not, proof that tenant agreed to the terms mentioned on the back of rent receipt, for no conclusive inference could be drawn by that fact alone---Proper inference which could be drawn from such fact was that rent receipt was issued. (d) Sindh Rented Premises Ordinance (XVII of 1979)- ----S.5---Tenancy agreement---Essentials---Tenancy created after promulgation of Sindh Rented Premises Ordinance 1979, was to be by an agreement in writing and if such agreement was not compulsorily registerable under any law for the time being in force same would be attested, signed by and sealed with the seal of Rent Controller within whose jurisdiction premises was situated or any Civil Judge or First Class Magistrate---Agreement purported to be printed on the back of rent receipt did not satisfy requirements of S.5, Sindh Rented Premises Ordinance, 1979 inasmuch as the same was not signed or attested. as provided in S.5 of the Ordinance. Mst. Fatima v. Mst. Hanifa 1986, CLC…

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