1998 MLD 73 KARACHI-HIGH-COURT-SINDH

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MAZHAR MALIK VS MUHAMMAD MUSLIM Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979 ----S. 2(f)---Relationship of landlord and tenant---Landlord sought eviction of appellant relying upon agreement of tenancy of the appellant but to that agreement wherein respondent was not a party and executant was his father who was said to be his attorney while dealing with the appellant---Said attorney signed agreement as owner of the house and issued rent receipts under his signatures---Rent Controller found respondent to be the owner and consequently passed order for the ejectment of the appellant---No evidence was available to the effect that respondent's father was acting as his attorney while dealing with appellant, he neither let out the premises to him nor did he ever act as landlord within the meaning of Sindh Rented Premises Ordinance, 1979---Respondent proclaimed himself as landlord and his father as his attorney---Relationship of landlord and tenant being non-existent between the parties, ejectment proceedings were not maintainable in circumstances.