2023 YLR 414 KARACHI-HIGH-COURT-SINDH

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ABDUL MALIK VS PROVINCE OF SINDH through Secretary (Revenue) Ss. 14 & 15---Suit for possession and mesne profit---Grounds for eviction---Jurisdiction---Law did not restrict landlord to file any suit, but for the eviction of tenant from the premises the relevant law was the Sindh Rented Premises Ordinance, 1979---Jurisdiction for rent proceedings vested with the Rent Controller---Tenancy proceedings under any other law were not maintainable---Eviction of tenant from premises under rent law was possible only on grounds available under Ss. 14 & 15 of the Ordinance, such as default, personal requirement, re-letting, misuse and reconstruction---Pleadings and evidence in the present case showed that ground and first floor were admittedly rented out by respondent to appellant and hence eviction of such portions could only be possible through eviction proceedings under the Ordinance---Appellant was in occupation as tenant of the ground and first floor, respondents were entitled for a fair rent and might recover outstanding rent and not mesne profit---Appeal filed by appellant was allowed setting aside the judgment of appellate court to the extent of possession of rented premises and mesne profit and appeal filed by respondents was dismissed.