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1977 PLD 460 KARACHI-HIGH-COURT-SINDH

Sindh · 1977

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BAGH-E-SHAH VS MUHAMMAD AKHTAR HUSSAIN Contract Act 1872--196 , Contract Act 1872--231 , Contract Act 1872--232 , Transfer of Property Act 1882--8 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , S. 13 read with S. 2 (c), Contract Act (IX of 1872), Ss. 196, 231 & 232 and Transfer of Property Act (IV of 1882), S. 8-eviction of tenant- Contention that premises having been admittedly let out by another person without disclosing name of owner and not by respondent (owner) himself, contractual obligation to pay rent was to person actually letting out and thus such person and not respondent was landlord in relation to premises under consideration within meaning of Ordinance-Held : Landlord meaning person entitled to receive rent whether on his own behalf or on behalf or for benefit of another person letting out as such to be regarded as tenant appellant's landlord-Regard, however, having to established fact of such person being not owner of premises, such person entitled to receive rent only on behalf of respondent-Undisclosed principal