Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 14,2(b)

[Sindh Rented Premises Ordinance (XVII of 1979)].......S 14---Ejectment application, maintainability of---No fresh agreement of tenancy admittedly was executed between the parties, but there was only an endorsement of extension of period of lease as was provided in original agreement---No terms of original tenancy agreement were also changed except enhancement of rent which was also provided in original agreement---Contention of tenant that fresh agreement having been executed, ejectment application filed by landlord was not maintainable, having no force-was repelled. Mst. Birjis Khatoon v. Jabbar Ahmad 1983 C L C 3060 ref. (b) Sindh. Rented Premises Ordinance (XVI1 of 1979)--- ----S.14---Application for ejectment was moved by one of co-owners of premises on ground of his personal use---Such co-owner not only produced evidence for his personal use but legal notice sent by him to tenant had also mentioned his exclusive need only---Benefit of S.14 of Ordinance, held would not be available to other co-owners who were neither widow, orphan or had attained age of 60 years or had retired from service---Mere fact of filing affidavit by other co-owners of premises in dispute would not alter nature of pleadings. Muhammad Ali v. Mst. Hameeda Begum 1987 S C M R 1538 and Muhammad Ali v. Mst. Hameeda Begum 1988 S C M R 705 ref. (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 2(b) & 14---Premises, change of character---Premises in dispute as evidenced by agreement to lease itself and P.T-1 Form issued by Excise and Taxation Department was `residential'---Mere choice given by landlord to tenant to use same for residential or commercial purpose, held, would not change character of building from residential to commercial. Ulfat Hameed v. Mst. Birjis Khatoon P L D 1982 Kar. 823 and Nek Muhammad v. Muhammad Shafi and others 1983 S C M R 180 ref. ORDER This is an appeal under section 21 of the Sindh Rented Premises Ordinance, 1979 against the judgment dated 20th December, 1988 passed by the learned 5th Senior Civil Judge and Controller, Karachi (East) on an application under section 14 of the Sindh Rented Premises Ordinance, 1979 in Rent Case No.644/86. 2. An…

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