Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)--S.16---Constitution of Pakistan (1973), Art.185(3)--- Relationship by landlord and tenant---Denial of---Leave to appeal was granted to consider whether the issue about the relationship of landlord and tenant between the parties should have been framed and decided before passing the rent order under S.16(1), Sindh Rented Premises Ordinance, 1979. (b) Sindh Rented Premises Ordinance (XVII of 1979)-- ----S.16(1)---Relationship of landlord and tenant---Denial of---Tenant having denied relationship of landlord and tenant, Rent Controller instead of framing and deciding issue relating to the relationship of landlord and tenant between the parties passed the rent order directing tenant to deposit arrears of rent--­Validity---Rent Controller before passing rent order, should have framed issue relating to the relationship of landlord and tenant and decided the same---Rent order being not warranted by law, order of ejectment passed due to non­compliance of rent order was also invalid. (c) Constitution of Pakistan (1973)- ----Art.185(3)---Orders of ejectment passed by :tent Controller and High Court being not warranted by law, were set aside, case was remanded to Rent Controller for framing and deciding the issue whether relationship of landlord and tenant existed between the parties and thereafter, for taking further action as required under the law. JUDGMENT NASIR ASLAM ZAHID, J.---By judgment, dated 28-1-1990 of a learned Single Judge of the Sindh High Court, appellant's First Rent Appeal was dismissed. Ejectment order had been passed by the Rent Controller against the appellant after striking off her defence for non-compliance of the order passed under section 16(1) of the Sindh Rented Premises Ordinance, 1979, which order was maintained by the High Court. Leave to appeal was granted to the appellant by order, dated 8-4-1990 of this Court to consider whether the issue about the relationship of landlord and tenant between the parties should have been framed and decided before passing the rent order under section 16(1). We have heard Mr. Niaz Ahmed Khan, Advocate Supreme Court for the appellant and Mr. Muzaffar Hassan,…

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