Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)------S. 15--Constitution of Pakistan (1973), Art.199--Constitutional petition-Ejectment of tenant--Landlord and tenant, relationship of--Onus to prove---Both the Courts below concurrently dismissed ejectment application and appeal filed by the landlord, on the ground that there did not exist any relationship of landlord and tenant between the parties---Validity---Since petitioner claimed the respondent to be tenant, it was for the petitioner to establish relationship of landlord and tenant between him and the respondent---Petitioner produced oral evidence, which was denied by the respondent orally---No such evidence was produced which could prove entry of respondent in the premises as tenant or payment of rent by respondent at some latter stage-Courts below had rightly found that entry of respondent in disputed premises as tenant or his acknowledgement to the petitioner/owner as his landlord was not established through evidence---Relationship of tenant and landlord had not been established and the decisions of two Courts below did not call for interference by High Court in exercise of constitutional jurisdiction--Petition was dismissed in circumstances. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ---S. 2(h)--"Premises"--Connotation--Premises, which has not been let out on rent do not come within the purview of Sindh Rented Premises Ordinance, 1979---Occupant of such premises does not acquire status of tenant by implication of law---Merely for being the occupant without any legal claim, such person cannot become tenant of the owners in respect of the premises in his occupation--By recognizing such occupant as tenant all legal rights and protections given by law to tenant will stand automatically conferred upon him--Such is not the scheme of Sindh Rented Premises Ordinance, 1979. (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ---S. 15---Ejectment of tenant---Landlord and tenant, relationship---Proof---Prerequisites--Such relationship is combination of three components namely premises, landlord and tenant--Unless such three components as defined in Sindh Rented Premises Ordinance, 1979, are…

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