Case Details

Citation(s)
1992 SLG 1059 1992 SLD 1059 1992 CLC 2098
Sindh High Court
F.R.A. No. 118 of 1989, decided on 3rd May, 1992. dates of hearing: 9th, 27th April and 3rd May, 1992
MUKHTAR AHMED, JUNEJO, J
M. Qaiser Qureshi for Appellant. Khalique Humayun for
Respondent

MUHAMMAD YASEEN

VS

Mst. AMIR BIBI

Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)--- ---- Ss. 2(f)(j) & 15 --- Transfer of Property Act (IV of 1882), S.54 --- Relationship of landlord and tenant --- Respondent had claimed ownership in respect of premises in dispute on ground that he had purchased same from legal heirs of deceased original owner thereof who was landlord of appellant/tenant --- One of the legal heirs of deceased original owner had admitted that alleged sale in favour of respondent/landlord was oral and not through registered sale-deed--­ Neither possession of premises was delivered to vendee/respondent nor there was definite evidence about payment of sale consideration --- Sale of immovable property worth Rs.100 and upward could be made only by a registered. instrument, alleged oral sale in favour of respondent would not create any title or interest and respondent could not be held to be owner of premises --- Respondent was to obtain declaration from Civil Court about his title in respect of premises in dispute --- No written information regarding alleged sale of premises admittedly having been given to appellant/tenant, story about purchase of premises in dispute by respondent, appeared to be a made up one---Respondent who failed to establish being owner of premises in question, was not covered by definition of 'landlord' hence no relationship of landlord and tenant e3dsted between the parties--­ Respondent, in circumstances, had failed to make 'out that he was landlord of appellant. Mahboob Jewellers- and others v. Nur Ahmad 1989 SCMR 1327; Muhammad Bux and another v. Ghulani Rasool PLD 1982 Kar. 28; Khawaja Ammar Hussain v. Muhammad Shabbiruddin Khan PLD 1986 Kar. 74; Muhammad Sultan v. Hakim Bashir Ahmad 1982 CLC 379; Muhammad Siddique v. Muhammad Ilyas 1979 CLC 720; Muhammad Yasin v. Mst. Zubeda Khatoon and others 1983 CLC 12; Mst. Fatima v. Mst. Hanifa 198.6 CLC 16b; Shaukat Ali v. Mst. Noor Bibi 1988 CLC 636; Fasahat Ali v. Mst. Noor Jehan Begum 1991 CLC 1902; Ghulam Rasool v. Syed Nazim Hussain Shaikh 1988 CLC 793; Feroz Khan v. Mst. Maraj Begum and others PLD 1982 Lah. 332; Kalimullah v. Amin Hazin and others 1976 SCMR 77; Mrs. K. Kazmi v. Syed Kamaluddin Shah 1982…
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