Law: Specific Relief Act, 1877

Section: 42

Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 2(f)15

[Specific Relief Act (I of 1877)].........S 42---Sindh Rented Premises Ordinance (XVII of 1979), Ss.2(f) & 15---Suit for declaration---Ejectment order passed against plaintiff on ground of personal need of defendant-company and default in payment of rent upheld upto High Court---Plaintiff alleged such ejectment order to be coram non judice for having been obtained by company by misrepresenting itself to be owner of property, while same belonged to its Chief Executive; that he came to know of Chief Executive's ownership from documents produced in another case later on---Rejection of plaint by Trial Court and Appellate Court---Validity---Plaintiff was not barred from raising plea of his ignorance about ownership of property---Sale-deed found mention of the name of Chief Executive of vendee-company---Auditor's Report showed acquisition of property by company, meaning thereby that price of property had been paid from company's account---Record of Excise and Taxation Department showed property to be owned by company---Chief Executive in his affidavit had stated that company had purchased property through him---Discrepancies in sale-deed could not be made basis for setting aside ejectment order passed by competent Courts after hearing parties---Assuming that property was not owned by company, even then ejectment proceedings were maintainable on ground of default in payment of rent as company had been receiving rent of property as its landlord---High Court dismissed appeal in circumstances. Umar Hayat Khan v. Inayatullah Butt 1994 SCMR 572; Barkat Masih v. Manzoor Ahmed deceased through LRs, 2006 SCMR 1068; Mir Salah-ud-Din v. Qazi Zaheer-ud-Din PLD 1988 SC 221; Dr. Burjor N. Anklesaria v. Zenobia and another-1982 SCMR 98; Siraj v. Lal Bux and 3 others 1989 CLC 736; Mst. Maryam Bibi and others v. Muhammad Ali 2007 SCMR 281; Ziledar and 3 others v. Commissioner, Sukkur Division, Sukkur and 9 others 1994 CLC 932 and Rehmatullah v. Ali Muhammad 1983 SCMR 1062 ref. ORDER KHILJI ARIF HUSSAIN, J.---Brief facts to decide appeal are that appellant acquired tenancy right in respect of Shop No.6, Electronics Market No.1, Ground Floor, Al-Haroon Building, Saddar, Karachi.…

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