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1989 CLC 682 KARACHI-HIGH-COURT-SINDH

Sindh · 1989

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ABDUL HAKIM VS MUHAMMAD IRSHAD Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S.15--Ejectment--Relationship of landlord and tenant--Landlord filed ejectment application on ground of non-payment of rent and persona: requirement--Tenant in his written statement denying relationship of landlord and tenant but Rent Controller only framed and decided issues of default in payment of rent and personal requirement in favour of landlord and ordered ejectment of tenant--Rent Controller failed to frame and decide issue of relationship of landlord and tenant, although tenant had not conceded that landlord was the owner of the house or was his landlord--Order of eviction passed by Rent Controller set aside and case was remanded to Rent Controller with direction tc frame and decide issue of relationship of landlord and tenant and only if this issue was decided in affirmative he could pass order for deposit of rent and proceed further in the matter. K.B. Bhutto for Appellant. Shaikh F.M. Javaid for Respondents. Dates of hearing: 29th September and 9th October, 1988.