1989 MLD 4529 KARACHI-HIGH-COURT-SINDH

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FAZLE ABBAS VS MAHMOOD HUSSAIN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979 ---Ss.2, 5 & 15--eviction petition--Relationship of landlord and tenant--Rent Controller after hearing of arguments of parties found that relationship of landlord and tenant did not exist between parties and dismissed rent application-Tenant filed affidavit-in-evidence and admitted in cross-examination that he used to pay rent--Payment about use and occupation was also admitted--Held, an amount paid towards charges for use and occupation of certain premises including charges of electricity, sui gas and water, etc., would amount to nothing but rent--Relationship of landlord and tenant, therefore, existed between parties-Case remanded to Rent Controller to proceed with same in accordance with law.