1988 MLD 210 KARACHI-HIGH-COURT-SINDH

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PAKISTAN BURMAH SHELL LTD. VS KHALIL AHMAD Sindh Rented Premises Ordinance 1979--6 , ---Ss. 5, 6, 13 & 15--Transfer of Property Act (IV of 1882), S.111--eviction of tenant--Question of eviction of tenant, held, would come into picture only on expiry of period mentioned in registered lease deed and so long as contractual period of tenancy was subsisting, question of landlord evicting tenant from premises would not arise--Landlord could not avail himself of grounds of eviction numerated in S.15 of Ordinance XVII of 1979 unless tenancy was duly determined either by notice to quit or by efflux of time or under any of other clauses of Sill of Transfer of Property Act--eviction application filed by landlord before expiry of contractual period of tenancy, was liable to be dismissed being premature and thus incompetent.