Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)------Ss. 2(b) (f) (j), 4 & 15---Rent Controller---Status and function of---Rent Controller is not a Court muchless a Civil Court, but is a creation of special law which only has empowered him to regulate relationship between landlord and a tenant without entering into intricate questions of ownership and title of properties---Rent Controller is not authorised to decide a dispute as to title between parties and status thereof---Once a person was able to show that he was for the time being owner or landlord of urban property and entitled to recover rent, Rent Controller would assume jurisdiction in the matter---In the event of a dispute as to title between parties, Rent Controller is under obligation to refer parties to have the title with respect of property cleared from competent Court of law. Rauf Ahmed v. Secretary to the Government of Pakistan and others PLD ,..1991 Lah. 33; Muhammad Jamil Asghar v. Improvement Trust, Rawalpindi PLD 1965 SC 698; Ghulam Hussain v. Abdul Rehman and 2 others PLD 1982 Lah. 519; Devachand Mu1jiman v. Deputy Settlement and Rehabilitation Commissioner and others PLD 1965 SC 356; M/s. Friends Cloth Store and another v. Sayeda Amtul Aziz PLD 1971 Kar. 739; Sahibzada Sayyed Muammad Mateen Mirza v. Jehangir Rustomji 1971 SCMR 575; M/s. Shafique Hanif Limited v. B.C.C.I. (Overseas Limited) PLD 1993 Kar.107 and Miss Shah Begum v. Ashraf AN Naz PLD 1993 Kar. 151 ref. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ---S. 15(2) (ii)---Default in payment of rent of premises---Premises in dispute was duly transferred to transferee/landlord in public auction by Settlement Authorities and landlord served existing tenant with statutory notice calling upon him to pay rent to him with effect from date of transfer of premises in dispute in. favour of transferee/landlord, but tenant, despite issuance of statutory notice, at no point of time paid or tendered any amount of rent to landlord---Tenant, in circumstances, had committed wilful default in payment of rent of premises. Ghulam Hussain ' v. Shaukat Ali and others 1985 CLC 1997 and Ibrahim v. Muhammad Siddique 1986 CLC 2037 ref. (c)…

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