Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 16,21,15,19,2(f)(j)

[Sindh Rented Premises Ordinance (XVII of 1979)].......Ss 16 & 21---Order striking off defence---Appeal---Order striking off defence of tenant for non-compliance of tentative rent order passed by Rent Controller, being final order, was appealable ---Order striking off defence having emanated from earlier orders passed by Rent Controller whereby relationship of landlord and tenant between the parties was held to be existing according to which tenants were directed to deposit tentative rent, those two orders could also be challenged in such proceedings. Naimuddin v. Ziauddin PLD 1984 Kar. 441 ref. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 15 & 19-- Ejectment proceeding---Nature---Respondents in their joint written statement had denied relationship of landlord and tenant between the parties and also denied title of petitioner in respect of property in question--­Such serious dispute as to title of premises in question, could not be resolved in ejectment proceedings which were summary proceedings of quasi-judicial nature. Mst. Kaneez Fatima v. Member (Revenue), Board of Revenue, Punjab PLD 1973 Lah. 495 ref. (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.2(f)(j)---Relationship of landlord and tenant---Rent Controller while deciding existence of relationship of landlord and tenant between the parties had mainly relied on entries in record of Excise and Taxation Department which were in name of a person from whom parties claimed to have derived their conflicting title to premises in dispute---Entries in record of Excise and Taxation Department, were totally irrelevant in an enquiry to determine relationship of landlord and tenant between the parties---Such entries at the m could be relevant for determination of title of person whose name appeared in those entries. Haji Muhammad Ramzan v. Mian Jamil Shah PLD 1967 Pesh. 380; Noor Muhammad and others v. Mst. Hajra and others 1985 CLC 2085; Hamid Hussain v. The Government of West Pakistan 1974 SCMR 356; Rehmatullah v. Ali Muhammad and another 1983 SCMR 1064 and Ghulam Murtaza v. Muhammad Yasin 1986 CLC 1577 ref. ORDER This appeal is directed against the judgment dated 30-9-1987…

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