1989 MLD 1174 KARACHI-HIGH-COURT-SINDH

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ABDUL RAHIM VS NOOR JEHAN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979 ---Ss.15 & 2--Ejectment application--Oral agreement of tenancy--Validity-Default--Relationship of landlord and tenant--Rent Controller rejected application for eviction of tenant on ground that there existed no relationship of landlord and tenant between parties--Rent Controller failed to take into consideration the fact that even tenant had admitted landlord as owner of house in. dispute as tenant claimed to have purchased house from landlord--Tenant being in possession of house later on as purchaser was bound to pay rent until it wad proved that she was holding possession in some other capacity-Uncontroverted evidence of landlord was available to prove fact that he was owner of house and that it was let out to tenant through an oral agreement--Rent Controller reaching conclusion that oral agreement in respect of tenancy had no legal force--Held, such conclusion arrived at by Rent Controller was not in accordance with law--Any person could enter into an agreement of tenancy orally as well--Order of Rent Controller was set aside and eviction petition was allowed in. circumstances.--[P L D 1985 Kar. 741 dissented from.