Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979) S. 2(h) Constitution of Pakistan (1973), Art. 185(3) Leave to appeal was granted to consider whether High Court was justified in holding that shops which were let out by landlord to tenant were excluded because there was a hotel therein in absence of any such plea in the written statement and/or in the absence of any such arguments before Rent Controller, and whether restaurant was excluded from the ambit of the Ordinance. (b) Words and phrases Terms "hotel" and "restaurant/cafe" Distinction Term "Hotel" connotes premises which have facilities for residential purpose, whereas term "restaurant" connotes a place where refreshment/edibles are sold. Zaffar Ali v. Allah Bachayo PLD 1989 SC 294; Oxford English Dictionary; Black's Law Dictionary Fifth Edn.; Stroud's Judicial Dictionary, Third Edn. and Halsbury's Laws of England, Third Edn. ref. (c) Sindh Rented Premises Ordinance (XVII of 1979) S. 2(h) Premises let out as a "shop" by landlord to tenant Tenant converting such premises into a "restaurant" without consent of landlord ¬Ejectment of tenant ordered by Rent Controller Tenant for the first time taking up plea before High Court that subject matter of ejectment application being a hotel, it was not covered by provision 2(h), Sindh Rented Premises Ordinance, 1979 High Court remanding case to Rent Controller with direction to record further evidence on the question of nature of premises and to decide the case afresh Validity Conversion of shop into a "restaurant" was proved and conceded by the tenant Such conversion having been effected without permission of landlord, tenant was liable to eviction Case was remanded to High Court for decision afresh on merits which found favour with Rent Controller. JUDGMENT AJMAL MIAN, J. This is an appeal of a landlord with the leave of this Court against the judgment dated 3 2 1992 passed by a learned Single Judge of the High Court in F.R.A. No.244/88 filed by a respondent/tenant against the order of the learned IInd Sr.C.J. and Rent Controller (South), Karachi dated 24 7 1986 granting ejectment order inter alia on the ground of default, allowing the same for the reason that…

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