1987 CLC 635 KARACHI-HIGH-COURT-SINDH

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FATEH GUL VS M. ANWARUL HUDA Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 Ss. 2(f) (j), 15 & 21(1)--Relationship of landlord and tenant--Proof in absence of any tenancy agreement between parties--Mere entries in Excise and Taxation Department's Register in respect of premises in dispute, held, would be of little value for purpose of establishing relationship of landlord and tenant between parties.---0. V, R. 20--Sind Rented Premises Ordinance (XVII of 1979), Ss.15 & 21(1)--Substituted service--Requirements--Non-compliance of-Effect--Provisions of 0. V, R. 20, C.P.C, according to which substituted service of summons could be effected by affixing copy of summons in conspicuous place in Court house and also by affixing same upon conspicuous part of residence or business premises of person sought to be served, being mandatory, failure to comply with any one of the requirements held, would nullify whole proceedings--Copy of summons having not been affixed accordingly, ex parte eviction order passed by Rent Controller against tenant, would be liable to be set aside in circumstances