Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 15,18

Law: Constitution of Pakistan, 1973

Section: 185(3)

Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 15 & 18---Constitution of Pakistan (1973), Art.185(3)---Ejectment petition---Default in payment of rent---Defect in landlord's title of property---Relationship of landlord and tenant denied---Ownership of property not an essential condition to create relationship of landlord and tenant---Landlords filed ejectment petition against tenants on ground of default in payment of rent---Tenants denied relationship of landlord and tenant between the parties---Rent Controller allowed ejectment petition and Appellate Court maintained findings of Rent Controller---Constitutional petition filed thereagainst by tenants was also dismissed by High Court---Tenants contended that in consequence to cancellation of allotment of property in the name of predecessor-in-interest of landlords, by Board of Revenue, they (landlords) ceased to be owners of premises and having lost status of landlord, they did not have locus standi to file ejectment petition and that tenants received notice under S.18 of Sindh Rented Premises Ordinance, 1979, from a third person, hence, they started depositing rent in the name of third person under bona fide impression---Validity---Tenants having admitted their induction in premises under their possession as tenants by landlords, had accepted existence of relationship of landlord and tenant between them and landlords---Tenants despite defect in title of landlords were estopped to deny relationship of landlord and tenant at subsequent stage on ground that a third person having set up his title in property had sent them notice under S.18 of the Ordinance---Ownership of property was not an essential condition to create relationship of landlord and tenant rather a person without being owner of property might acquire status of landlord of property---Defect in title of landlord as such might not be a valid ground to deny his status as landlord of property and non-payment of rent for such reason might constitute a wilful default in terms of S.15 of the Ordinance---Section 15 of Sindh Rented Premises Ordinance, 1979, provided that if tenancy between parties was based on written agreement, then the…

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