| Citation(s) |
|---|
| 1998 SLG 842 1998 SLD 842 1998 SCMR 2092 |
Supreme Court of Pakistan
Civil Appeal No.516 of 1994, decision dated: 29-07-1998 (On appeal from the judgment dated 30-12-1993 of the High Court of Sindh, Karachi, passed in F.R.A. No.577 of 1989)
AJMAL MIAN, C.J AND MAMOON KAZI, J
Shehanshah Hussain, Advocate Supreme Court and M. Shabbir Ghaury, Advocate-on-Record for Appellant. Usman Ghani Rashid, Advocate Supreme Court and K.A. Wahab, Advocate-on-Record for
Respondent
Civil Appeal No.516 of 1994, decision dated: 29-07-1998 (On appeal from the judgment dated 30-12-1993 of the High Court of Sindh, Karachi, passed in F.R.A. No.577 of 1989)
AJMAL MIAN, C.J AND MAMOON KAZI, J
Shehanshah Hussain, Advocate Supreme Court and M. Shabbir Ghaury, Advocate-on-Record for Appellant. Usman Ghani Rashid, Advocate Supreme Court and K.A. Wahab, Advocate-on-Record for
Respondent
KHALIQ RAZA KHAN
VS
Messrs PAKISTAN STATE OIL COMPANY LIMITED
Law:
Section:
(a) Sindh Rented Premises Ordinance (XVII of 1979)--Ss. 3(1), 2(f)(h), (j) & 13---Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal was granted by Supreme Court to consider as to whether High Court was right to hold that the case was not competent in view of S.3(1) of the Sindh Rented Premises Ordinance, 1979 though admittedly the premises were covered by the definition as given in S.2(h) of the Ordinance and relationship between the parties was that of landlord and tenant as defined by S.2(f) & (j) of the Ordinance. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.2(f)(h), (j)---"Landlord", "tenant" and "premises"---Meanings.---[Words and phrases]. Term "landlord" means the owner of the premises and includes a person who is for the time being authorised or entitled to receive rent in respect of such premises. Whereas the definition of the term "tenant" has been defined as any person who undertakes or is bound to pay rent as consideration for the possession or occupation of any premises by him or by any other person on his behalf and includes any person who continues to be in possession or occupation of the premises after the termination of his tenancy or heirs of the tenant in possession or occupation of the premises, after the death of the tenant. The term "premises" has been defined as a building or land, let out on rent, but does not include a hotel. (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 3(1) & (2)---Premises owned by Government---All premises other than that owned or requisitioned under any law, by or on behalf of the Federal Government or Provincial Government, situated within an urban area, shall be subject to the provisions of Sindh Rented Premises Ordinance, 1979--Government is empowered, by notification, to exclude any class or premises, or all premises in any area from operation of all or any of the provisions of the Ordinance. Subsection (1) of section 3 of the Sindh Rented Premises Ordinance, 1979 lays down that notwithstanding anything contained in any law for the time being in force, all premises other than those owned or requisitioned under any law, by or on behalf of the Federal…
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