Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 15

Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 2(t)(i) & 15(2)(ii), (vii)---Landlord and tenant, relationship of--­Default in payment of rent---Bona tide personal need of landlord---Tenant denied existence of relationship of landlord and tenant between the parties and claimed that he himself was owner of premises in question---Tenant could not prove by oral or documentary evidence that he was the owner of premises in question, whereas landlord had produced tenancy. agreement signed by the parties showing that tenant had taken premises on rent from the landlord---Attesting witnesses of said agreement examined before. Rent Controller had unrebuttedly supported the execution of the rent agreement--­Competent Authority had also issued certificate showing that premises belonged to the landlord---Tenant who had failed to show any ownership document in his favour, had also failed to pay rent to the landlord---Landlord had not only proved his ownership in respect of premises in question, but had also proved his personal bona fide need in respect of the premises---Rent Controller rightly ordered ejectment of tenant in the circumstances. ORDER Respondent Ghulam Sarwar filed rent application under section 15 of Sindh Rented Premises Ordinance, 1979 against the appellant for handing over vacant possession of the residential house situated in Dokri Town. The brief facts giving rise to this appeal are that the respondent is owner of the said house which he rented out to the appellant with effect from 17-5-1995 at the rate of rent of Rs.1,000 per month. It is stated that appellant failed to deposit rent from April to June, 1999 and committed wilful default. The respondent further prayed that the premises in question is required to him for his personal bona fide use. The appellant was served and he pleaded his case in written reply, stating, that the ejectment application was not maintainable and that the respondent was not owner of the house. He claimed to be owner of the disputed house and the same was entered in his name in Record of Rights. He pleaded that on 29-11-1995 Town Officer, Town Committee Dokri had issued a letter in favour of appellant that he is…

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