Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)------Ss. 2(F)(J), 14 & 15(2)(ii)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant on ground of default in payment of rent-Relationship of landlord and tenant---Petitioner vide lease deed duly executed in his favour was sole owner of the premises and respondent as per his own case was tenant in respect of one of the tenements of said premises---Definition of 'landlord' as given under S.2(0 of Sindh Rented Premises Ordinance, 1979, had made it clear that besides person who was authorized or entitled to receive rent of premises, every co-owner of premises was landlord---If one co-owner had not let out the premises, but some other co-owner or authorized person entitled to receive rent had let out the property, by legal notion every co-owner of property would be deemed to be landlord and competent to maintain ejectment application on any ground available to him under S.14 or 15 of Sindh Rented Premises Ordinance, 1979, even without joining other co-owners as applicants, it otherwise such ground of ejectment was available to him---In the present case title/ownership of petitioner over property in question was based on registered lease deed and status of respondent as tenant in one of tenements was also not disputed, irrespective of any pending litigation between petitioner and his brother or other legal heirs of deceased original owner of premises---Relationship , of landlord and tenant, in circumstances, was proved/established between petitioner and respondent-Concurrent s of Rent Controller and Appellate Authority, whereby ejectment petition by petitioner on ground of default in payment of rent was dismissed for the reason that relationship of landlord and tenant did not exist between the parties; suffered from patent irregularity and misreading of evidence---Impugned order was set aside and case was remanded to Rent Controller to decide issue of default in payment of rent afresh after providing due opportunity of hearing to parties. Kasim and another v. S. Rahim Shah 1990 SCMR 647 ref. K.A. Wahab for Petitioner. Ghulam Ghous for Respondents. ORDER Through this…

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