Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss.2(j) & 15---Applicant, being driver of landlord was licensee on premises---Licence came to an end on termination of his services---Applicant, not being tenant, Rent Controller had no jurisdiction and provisions of Rent Ordinance were not attracted. Hasani Academy Society v. Ali Muhammad PLD 1957 (W.P.) Kar. 218 ref JUDGMENT The appellant has called in question the judgment and decree passed by the learned First Senior Civil Judge, Karachi (East) dated 29-5-1989, decreeing the respondent's suit against the applicant. The respondent filed a suit for declaration and possession against the applicant alleging that she was a tenant in respect of a room situated in Shri Punch Mukhi Hanumanji Mandir, Karachi, but the same was unlawfully in occupation of the applicant. According to the respondent, one Doctor Ali Muhammad Nagori, was the original tenant of the said premises and after his demise on 15-8-1985, the respondent became its tenant being widow of the said Doctor Ali Muhammad Nagori. The applicant was a diver serving with Doctor Nagori and he was, therefore, allowed the use of the premises on account of his services with Doctor Ali Muhammad Nagori. However, the services of the applicant were terminated in June, 1984, but, thereafter, the applicant continued to be in service with the son of the respondent from July, 1984 to September, 1985. The services of the applicant were being used for family car as a driver and the applicant was permitted to stay in the said premises. However, after termination of his services in September, 1985, the applicant declined to vacate the premises and, therefore, the said suit was filed by the respondent against the applicant. Mr. Amir Ahmed Khan, learned counsel for the applicant, while challenging the decree passed by the learned Civil Court in favour of the respondent has placed-reliance upon the case of The Hasani Academy Society v. Ali Muhammad (PLD 1957 (W.P.) Kar. 218), wherein it was held that no hard and fast rule could be laid down as to the test to find out whether the relationship between a landlord and a person occupying the premises in lieu of rendering…

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