Law: Sindh Rented Premises Ordinance, 1979

Section: 2(f),15,15(2)

(i) Sind Rented Premises Ordinance, 1979 (XVII of 1979)-- —S. 2(f)—Landlord—Definition of—Whether only owner can file ejectment petition and whether production of power of attorney by landlord is necessary- -Question of—Landlord means owner of premises and includes a person who is for time being authorised or entitled to receive rent as per Section 2(f) of Ordinance-Held: For purpose of filing an ejectment petition, a landlord need not necessarily be owner-Held further: No power of attorney is required to be produced by a landlord if an application has been moved by him for ejectment of a tenant.’  [P.380JCD PLD 1976 Karachi 857, PLD 1977 Lahore 516 and PLD 1987 Karachi 180 rel. (ii) Sind Rented Premises Ordinance, 1979 (XVII of 1979)-- —-S. 15-Ejectment petition-Maintainability of-Challenge to-Whether tenant, after accepting appellant as landlord and paying rent to him, could deny relationship of landlord and tenant-Question ofr-Rent Controller has completely disregarded evidence produced before him in this behalf- Intimation of change of ownership was communicated to respondent by previous landlord in writing-Same was also communicated by appellant’s advocate-Held: In view of respondent’s accepting appellant as landlord and paying rent to him, it docs not lie in month of respondent to deny relationship of landlord and tenant. |P.379|AB PLJ 1981 SC 40,1984 SCMR 1226 and PLD 1986 SC 154 rel.  (iii) Sind Rented Premises Ordinance, 1979 (XVII of 1979)-- —S. 15 read with Section 2(g)-Tenant—Ejectment of—Personal use—Ground of--Admittedly landlord is husband’ of one of co-owners and also son of another co-ovner--There is no bar in claiming ejectment of respondent for him as personal use means use of premises by owner thereof or his wife (or husband), son or daughter—Appellant has produced evidence that his business has expanded and he requires more place for storing his merchandise in godown—Hcld: Finding of Rent Controller on issue of personal bonalide use, is perverse—Appeal accepted and ejectment ordered. [Pp.384,385386],l,KL 1982 CLC 149 and PLD 1976 Karachi 180-rel. (iv) Sind Rented Premises Ordinance, 1979 (XVII of 1979)-- —-S.…

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