Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)--S.15---Denial of relationship of landlord and tenant--- Rent Controller as also High Court found that the relationship of landlord and tenant existed between the parties and landlord's application for ejectment was granted, on proof of personal need of landlord and default in payment of rent ---Validity--­Tenant's contention, that he and landlord being members of cooperative society, Rent Controller had no jurisdiction, was misconceived for dispute did not relate to the business of cooperative society; tenant's membership of cooperative society was denied; and no plea as advanced before Supreme Court was taken in written statement and no issue on such plea was framed--­Ejectment of tenant as ordered by Courts below was maintained by Supreme Court. JUDGMENT NAIMUDDIN, J.---This appeal by leave is from the judgment of the High Court of Sindh, dated 10-12-1988, whereby the appeal filed by the appellant was dismissed in the following circumstances. 2. The respondent, being landlord, filed an application for eviction of the appellant from the shop premises on the grounds that he required the premises for his and his son's personal use and default in payment of the refit from January, 1981 till the making of the application on 21-10-1981. The appellant pleaded that he was a partner in the business carried on in the shop but not the tenant. However, the Controller after discussing the evidence by an elaborate order, dated 31-1-1987, found on all the following issues against the appellant: (1) Whether there exists relationship of landlord and tenant between the parties? (2) Whether the opponent has committed default in payment of rent? (3) Whether the premises is required by the applicant for his own use and use of his son Syed Qamar Abbas? 3. The appeal from the order of the Controller filed by the appellant in the High Court, as stated before, was dismissed and the finding of the Controller on the relationship of landlord and tenant was upheld by the High Court by the judgment impugned in this appeal which consequently found that the default was also established. On the issue of personal requirement, the. High Court…

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