Case Details

Citation(s)
2001 SLG 1509 2001 SLD 1509 2001 SCMR 1434
Supreme Court of Pakistan
Civil Petition No. 176-K of 2000, decision dated: 11-07-2000
RANA BHAGWAN DAS AND, JAVED IQBAL, JJ
Petitioner in person. Nemo for
Respondent

AFZAL AHMAD QURESHI

VS

MURSALEEN

Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979) S.15Ejectment proceedingsTitle of propertyDetermination­Jurisdiction of Rent ControllerScopeIn absence of relationship of landlord and tenant between the parties the question of disputed title or ownership of the property in dispute is to be determined by a competent Civil CourtSuch controversies do not fall within the jurisdictional domain of the Rent Controller. (b) Sindh Rented Premises Ordinance (XVII of 1979) S.15Ejectment proceedingsLandlord and tenant, relationship of­Denial of such relationship by the tenantEffectSuch issue being one of jurisdiction should be determined firstWhere there is no relationship the Rent Controller loses scision over lis and must stay his hands forthwith­Nonestablishment of the relationship does not attract the provisions of Sindh Rented Premises Ordinance, 1979. PLD 1961 Lah. 601 and 1971 SCMR 82 ref. (c) Sindh Rented Premises Ordinance (XVII of 1979) Ss.2(f) & 15Term 'landlord'ApplicabilityOwnership has nothing to do with the position of landlordPayment of rent by tenant and receipt thereof by landlord is sufficient to establish the relationship of landlord and tenant between the parties. 1983 CLC 2808 ref. (d) Sindh Rented Premises Ordinance (XVII of 1979)-- S. 15Constitution of Pakistan (1973), Art. 185(3)Ejectment of tenantLandlord and tenant, relationship ofProof--Nonproduction of any document by landlord to prove such relationship-EffectWhen the landlord had not established his position as landlord beyond reasonable doubt, Rent Controller could not decide the question of relationship of landlord and tenant against the tenantLandlord had neither produced any tenancy agreement nor any evidence in writing showing that the rent was being paid to himNeither any counterfoil of receipt Dr any letter from the tenant or any notice nor any other document was produced by the landlord­Oral version of landlord was not sufficient to hold that relationship of landlord and tenant existed between the parties--High Court had rightly accepted the appeal of the tenant and order of Rent Controller was set asideLeave to appeal was refused. 1983 CLC 613 ref. (e) Sindh Rented Premises…
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