Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)---S. 2(a)(e) & (h)---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted by Supreme Court to consider; whether the High Court was justified in holding that the premises did not fall within the definition, of `building', `land' or `premises' and, therefore, ejectment application was not maintainable. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 2(a)(e)(h) & 15---Ejectment petition ---Maintainability--¬Jurisdiction of Rent Controller---Administration of justice---Disputed premises was rented out to tenant for establishing a flour mill ---Ejectment petition and appeal were dismissed by Rent Controller and High Court respectively on the ground that the premises being commercial in nature and let out for the purpose of installing of a flour mill, would not fall within the definition of 'building' or `premises' as defined in S.2(a) and (e) of Sindh Rented Premises Ordinance, 1979---Validity---Technically the Rent Controller and High Court might be correct that the premises having been let out for establishing a flour mill, ejectment proceedings before Trial Court were not competent---Fact remained that had the landlady invoked jurisdiction of civil Courts for ejectment/dispossession of tenant under Transfer of Property Act, 1882, she would be entitled to seek such relief on the ground of expiry of the term of tenancy--¬Likewise, had the jurisdiction of Trial Court been rightly invoked, in addition to the grounds of default and personal requirement, the landlady would be entitled to obtain relief on the .ground of conversion of property for using the same for a purpose other than that for which it was let out--¬As the tenancy was created for a fixed period of 11 months and the litigation had dragged for more than 12 years, Supreme Court found it to be just,. fair and reasonable to allow the appeal and set aside the s passed by the Courts below---Judgments passed by Rent Controller and High Court were set aside and tenant was directed to vacate the premises---Appeal was allowed. (c) Constitution of Pakistan (1973)-------- ----Art. 187---Administration of justice---Powers…

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