Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 2(f)(j) & 15---Constitution of Pakistan (1973), Art.185(3)---Ejectment application---Relationship of landlord and tenant----Petitioner filed ejectment application claiming that he was owner/landlord of premises in question----Respondent denied the ownership and title of -Petitioner in respect of premises in question and stated that relationship of landlord and tenant did not exist between him and the -Petitioner and claimed that he was in occupation of premises in question in his own rights---Rent Controller dismissed ejectment application holding that -Petitioner had failed to prove relationship of landlord and tenant and that -Respondent, as claimed by him; was in possession of the demised premises through his wife---Appellate Court below set aside judgment of the Rent Controller, but High Court upheld judgment of Rent Controller and judgment of Appellate Court below was set aside----Petitioner had failed to prove that 2/3rd of the premises had been gifted out to him by his late father and that 1/3rd share of his brother had been purchased by him from his brother and that he had become absolute owner of premises----Petitioner could not bring on record any proof of said transactions in his favour---Mutation did not confer ownership or title on the person in whose name the property was mutated---Nigh. Court, in circumstances had rightly concluded that -Petitioner had failed to establish that he was landlord/owner of premises in question. PLD 1985 SC 1; Muhammad Ishaq v. Khurshid Alain PLD 1989 SC 353; Haji Ghulam Rasool and others v. The Chief Administrator of Auqaf, West Pakistan PLD 1971 SC 376 and Muhammad Ali and 25 others v. Hassan Muhammad and 6 others PLD 1994 SC 245 ref. ORDER SAIYED SAEED ASHHAD, J. --- This petition for leave to appeal assails the judgment of Sindh High Court, dated 24-4-2006 in' C.P. No.S-350 of 2004 allowing the same and ordering dismissal of ejectment application filed by the -Petitioner. 2. -Petitioner filed ejectment application being Rent Case No.597 of 1995 under the- Sindh Rented Premises Ordinance, 1979 (hereinafter referred to as the "Ordinance") for eviction of…

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