2010 CLC 878 KARACHI-HIGH-COURT-SINDH

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SHAHEEN FREIGHTS SERVICES through Proprietor VS EBRAHIM TRUST through Managing Trustee Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--3 , Ss. 3(2) & 15---Government of Sindh Notification No. VIII(3) SOJ/75, dated 15-3-1981---Ejectment petition filed in year 2006---Default in payment of rent, ground of---Premises built on land leased out to applicant-landlord by Karachi Port Trust (KPT)---Plea of tenant-respondent that Rent Controller had no jurisdiction to entertain eviction petition in respect of such premises---Validity---Government of Sindh vide Notification No. VIII (3) SOJ/75, dated 15-3-1981 had exempted premises belonging to KPT from application of Sindh Rented Premises Ordinance, 1979---Granting of lease of open land by KPT to an individual and then his raising of building thereon and its renting out to a third party were two separate and independent situations---Both such situations gave rise to dual ownership having two separate legal implications i.e. in first situation, KPT was owner of land and in second situation, lessee of KPT (i.e. applicant herein) was owner of building---Ownership of KPT in land would have no relevance in exercise of ownership rights by lessee of KPT in building constructed by him on land owned by KPT---If such concept of dual ownership was ignored and lessee's ownership of building was considered as non-existent, then no basis would be left for tenant to regard him as owner---Such exemption notification would not apply to a dispute arisen between lessee of KPT (applicant herein) owning building and person in occupation thereof as tenant (respondent herein)---Such plea of tenant was repelled in circumstances---Principles.