Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 2 (f) (j) & 15---Relationship of landlord and tenant---Appellant claiming to be owner and landlord of property in dispute, neither had produced on record any documentary evidence nor had adduced even oral evidence to prove that he was landlord and respondent was. tenant under him---Fact that appellant was owner of premises in dispute, would not ipso facto prove that respondent was his tenant, because respondent could be a licensee, a trespasser or owner of premises by way of adverse possession---In suit earlier filed by respondent for declaration and injunction, appellant had himself admitted in his written statement that premises was not , let out to respondent/defendant on rental basis---In absence of any important, evidence to prove relationship of landlord and tenant, ejectment application filed by appellant/applicant against respondent, was rightly found not to be maintainable. Messers Mehran Shoes v. Muhammad Ismail and 3 others 1987 CLC 148; Anis Bano and 3 others v. Mst. Rabia 1987 CLC 775; Beejal Mal v. Punaji 1987 CLC 1134; Haji Faqir Muhammad v. Hazratullah. 1989 CLC 252; Ghulam Oadir and others v. Abdul Sattar and another PLD 1984 SC 12; Mst. Shaukat Sultana v. Mst. Zohra Bi 1982 CLC 1761 and Muhammad Ishaq v. Mst Kubra Begum PLD 1988 Kar. 533 ref. JUDGMENT This appeal filed under section 21 of the Sindh Rented Premises Ordinance, 1979, raises an interesting question with regard to the status of the respondents in relation to the disputed premises. 2. Appellant Mst. Shahzadi Begum is the owner of House No.C-117, on Plot No-482, Final No. 378, MAC-11, Mahmoodabad, Karachi. It is the case of the appellant that she had rented out this house to her real sister Mst Aqueela Begum sometime in the year 1972 at the rate of Rs.100 p.m., who paid rent to her for few months and then stopped making payment. and was in arrears for a period of about 12 years when on 12-10-1987 an application under section 15 of the Sindh Rented Premises Ordinance, 1979, was filed seeking her eviction on the grounds of default in payment of rent and personal need. 3. Mst. Aqueela Begum, the respondent resisted her…

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