| Citation(s) |
|---|
| 1996 SLG 1344 1996 SLD 1344 1996 CLC 324 |
Sindh High Court
First Rent Appeal No. 35 of 1994, decision dated: 27-09-1995, hearing DATE : 18-09-1995
ABDUL MAJID KHANZADA, J
Sikandar Ali AM and Appellants. Kanaya Lal P. Nagdev for
Respondents
First Rent Appeal No. 35 of 1994, decision dated: 27-09-1995, hearing DATE : 18-09-1995
ABDUL MAJID KHANZADA, J
Sikandar Ali AM and Appellants. Kanaya Lal P. Nagdev for
Respondents
SIKANDAR ALI and others
VS
MUHAMMAD AKHTAR and others
Law:
Section:
Sindh Rented Premises Ordinance (XVII of 1970)------,S. 15---Relationship of landlord and tenant---Proof---Property in question was transferred to father of appellants through P.T.D. issued in his favour--Predecessor of respondents was in occupation of said property---Respondents' father, thus, became statutory tenant of premises---Appellants after death of their predecessor got clear and valid title over property in question, and by operation of law, initially predecessor of respondents and after his death respondents became tenants in premises---Relationship of landlord and tenant, thus, existed between parties and respondents admittedly having not paid or tendered any rent for any period, after service of notice on their predecessor from the side of appellants, default stood proved---Respondents having denied title of appellants, were not entitled to any concession or right to prove justification of their default in payment of rent---Order of Rent Controller whereby he had dismissed ejectment application was set aside and ejectment of respondents was ordered in circumstances. 1991 CLC Note 183 at p.144; 1983 CLC 398; 1985 CLC 999; 1982 SCMR 207; 1984 CLC 3227;1988 MLD 772; 1987 CLC 1736; 1991 CLC Note 97 at p.144; PLD 1984 Kar. 23; PLD 1985 Kar. 741; 1987 CLC 1134; 1990 CLC 1529 and 1988 SCMR 679 ref. JUDGMENT This appeal is directed from the order dated 22-12-1990 passed by the IInd Senior Civil Judge and Rent Controller, Larkana dismissing the ejectment application viz. RA. No.1 of 1990, filed by the appellants against the respondents under section 15 of the Sindh Rented Premises Ordinance, 1979, on the ground of default in payment of monthly rent. 2. Briefly stated, the facts which lead to this appeal are that late Ranjho Khan, the father of the appellants was transferee of property bearing C.S. Nos.351 and 352, Ward "A" Shahdatkot from Settlement Department vide P.T.D. Nos. 7468 and 7467 dated 27-9-1969 respectively in which late Muhammad Akbar, the father of the respondents was in use and occupation as tenant at the time of purchase of the said property. In June, 1986 Ranjho Khan died leaving behind the appellants as his L.Rs. who inherited the same in…
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