Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 2(h)

Law: Pakistan Hotels and Restaurants Act, 1976

Section: 2(g)

Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 2(h)---Pakistan Hotels and Restaurants Act (LXXXI of 1976), S.2(g)-"Hotel"---Definition---Premises which had been utilized only for serving refreshments was not a "hotel"---To exclude the jurisdiction of Rent Controller the premises must be shown to have been let out as a "hotel "---Mere fact that premises had been converted into a hotel by tenant, though not initially let out as such, would not be sufficient to exclude the jurisdiction of Rent Controller in the matter---Where the question as to whether the premises were being run as a hotel by tenants had been determined by the Rent Controller upon evidence recorded by him and his findings, appeared to have been based on such enquiry, findings so arrived at by the Rent Controller being findings of fact, would prevail unless they were reversed in appeal---Such order passed by Rent Controller, thus, could not be construed as a nullity in law. ORDER MAMOON KAZI, J.---The respondent instituted ejectment proceedings in the Court of 1st Rent Controller, Mirpurkhas, seeking ejectment of the petitioners from the demised premises, bearing No.293/1-294, situated in Kunari Town. The said premises had been rented out to the petitioners on a rental of Rs.650 per month. The ejectment was sought on the ground of commission of default in payment of rent by the petitioners, subletting and using the premises as a hotel in the name and style of 'Cafe Iran' by allowing different persons to pass night on roof top of the premises in violation of the terms of tenancy. 2. The application was resisted by the petitioners. The jurisdiction of the Rent Controller to try the case was also disputed as admittedly, the premises in dispute were being utilized as a hotel which according to the petitioners, barred the jurisdiction of the Controller to hear the case under the Sindh Rented Premises Ordinance, 1979. 3. The learned Controller, after recording evidence adduced on behalf of the parties, however, held that, the premises in dispute consisted of two rooms where only refreshments were served and, therefore, the said premises did not fall within the definition of the terms 'hotel'.…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492