CASE LAW

---Ss. 3(1), 2(f)(h), (j) & 13---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted by Supreme Court to consider as to whether High Court was right to hold that the case was not competent in view of S.3(1)of the Sindh Rented Premises Ordinance, 1979 through admittedly the premises were covered by the definition as given in S.2(g) of the Ordinance and relationship between the parties was that of landlord and tenant as defined by S.2(f) & (j) of the Ordinance.

Ref. 1998 S C M R 2092(a).

---Ss. 3(1), 2(f)(h),(j) & 13---Word "owner"---Connotation---"Owner" or "owned" has to be understood with reference to the context in which the same has been used---"Owner" includes a lessee---Lessee of Government would not be able to invoke the provisions of Sindh Rented Premises Ordinance, 1979 in a dispute between him and his lessor, the Government ---If, however, the dispute is between the lessee as the landlord and someone as tenant which does not involve the interest of the Government as to the possession, same is covered by the provisions of Sindh Rented Premises Ordinance, 1979 and the lessee, the tenant and the suit land are covered by the definition of the terms "landlord", "tenant" and "premises" given in S.2, Sindh Rented Premises Ordinance,1979.

Ref. 1998 SCMR 2092 (d).

---S.3(1),(2)---Premises owned by Government ---All premises other than that owned or requisitioned under any law, by or on behalf of the Federal Government or Provincial Government, situated within an urban area, shall be subject to the provisions of Sindh Rented Premises Ordinance , 1979 ---Government is empowered, by Notification , to exclude any class or premises, or all premises in any area from operation of all or any of the provisions of the Ordinance.

Ref 1998SCMR 2092(c).

---S. 3(2) ---Constitution of Pakistan (1973), Art. 185(3)---Exclusion of premises from operation of all or any of the provisions of Sindh Rented Premises Ordinance , 1979 by notification, dated 29th July, 1980---Effect---Leave to appeal was granted to consider whether in view of Notification No. VIII(3)SOJ/75, dated 29th July7, 1980, Rent Controller had no jurisdiction to entertain ejectment applications.

1996 S C M R 1767.

---S. 3(2)---Exclusion of premises from operation of Sindh Rented Premises Ordinance , 1979 by Notification, dated 29th July, 1980---Property in question, being covered by said Notification Rent Controller had no jurisdiction to entertain ejectment application---Remedy of affected party for any alleged cause of action was by way of suit.

1996 S C M R 1767.

---S. 3(1)---See Sindh Rented Premises Ordinance (XVII of 1979), S15(2) (vii).

Ref. 1992 S C M 943 (a).