Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII or 1979)-----Ss. 14(2), 15 & 2(g) --- Constitution of Pakistan (1973), Art.185(3) --- Personal need of landlord on ground of his retirement --- Brother and sisters of landlord occupying first floor of the premises without payment of rent or other remuneration while ground floor was rented to the tenant --- Leave to appeal was granted to consider the contention that since the provisions of S.14 open with a non abstante clause and the said provisions, independently of the requirement of a landlord fixed the entitlement of specified class of landlords, landlord was entitled to demand the premises (ground floor) for his personal use, and he was not under an obligation to throw out his sisters and brother from the first floor or to share the accommodation with them, and not seek independent accommodation. (b) Sindh Rented Premises Ordinance (XVII of 1979) --- Ss. 14(l) & 15(2)(vii) --- Terms "possession" and "occupation" used in the provisions carry two different meanings and not interchangeably --- Two words are used in contrast, rather than to refer to the same state of affairs. (c) Possession--- --- What connotes- --"Possession in fact" and "Possession in law" --- Distinction illustrated.--[Words and phrases]. It is difficult to define the meaning of the word "possession" precisely and satisfactorily having a universal application in all systems of law. Indeed each system of law has given its own meaning to the concept of possession. Even in the same system of law different policies may be found to he at work, as regards the concept of possession in different areas of law. Link 1 The concept of "possession" has originally emanated from the idea of ownership, although historically possession in fact preceded the notion of ownership, which constitutes a legal right. The concept of possession is as difficult to define as it is essential to protect. Possession originally expresses the simple notion of a physical capacity to deal with a thing as we like to the exclusion of every one else. The primary and main object of ownership is the protection of this physical capacity and as pointed out by Saving, if this physical…

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