CASE LAW.

---S. 5---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to consider questions whether Judge in chamber was justified in reversion the finding of Rent Controller on the question of relationship of landlord and tenant and whether the Rent Controller was justified in issuing a writ of possession with police aid.

Ref. 1994 S C M R 1485(a).

---S. 5---Landlord and tenant, relationship of---Affidavit of landlord/tenant, if remains unrebutted, same can be accepted unless there is valid reasons for rejecting it. Ref.1994 S C M R 1485(b).

---S. 5---Landlord and tenant, relationship of---Proof--Mere non-production of agreement in terms of S. 5 cannot be made a ground to dismiss the ejectment application as a landlord/tenant can prove existence of relationship of landlord and tenant in other manner as provided by law.

ef. 1994 S C M R 1485(c).

---S. 5---Provision of S. 5, Sindh Rented Premises Ordinance which is procedural in nature and does not specify any penalty for non-compliance should not be strictly construed---Tenancy agreement---In the absence of any written agreement as required by S. 5, if a party is able to prove that he is a tenant by producing evidence admissible in law, mere defect of non-compliance of S. 5 will not deprive him of such tenancy.

Ref.1994 S C M R 1012(e).

---Ss.5 & 15---Bona fide personal need of the landlord---Unregistered tenancy agreement for a period of five years---Nature of right created by such agreement---Tenancy agreement purported in fact to create a lease in perpetuity but as the same was not registered, a statutory tenancy came into existence under the Sindh Rented Premises Ordinance,1979, as the landlord accepted the rent from tenant from time to time---Rights of the parties, thus, were to be regulated under the provision of the Ordinance and not under the tenancy agreement, which was not a legal enforceable document---Landlord, therefore, could not be non-suited while relying upon the clauses of such agreement without enquiring into the question whether factually the landlord was able to prove his bona fide personal need on the basis of evidence.

Ref. 1994 S C M R 1012(b).

---Ss. 5 & 15---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to consider the question as to whether ratio in the case of Mrs. Zehra Begum PLD 1984 SC 38 had been rightly applied to the case or whether the case of Habib Band Ltd. 1991 S C M R 1185 was applicable.

Ref.1994 S C M R 1012(a).

---S5 &15---Specific Relief Act (I of 1877),S. 27-A---Statutory tenant cannot invoke S. 27-A, Specific Relief Act, 1877.

Ref. 1994 S C M R 1012(d).

---Ss. 5 & 15---Transfer of Property Act (IV of 1882), S. 53-A---Agreement to sell the tenement to tenant---Absence of clause in the said agreement to the effect that the relationship of landlord and tenant ceased to exist and that the possession of the tenant was that of a purchaser after execution of the sale-deed---Tenant, under the circumstances, could not be allowed to plead S. 53-A of Transfer of Property Act, 1882.

Ref. 1994 S C M R 1012(c).

---S.5---Contract Act (IX of 1872), S.2(h)--- Contractual document---Essentials---where terms and conditions were printed on any unsigned document, and one of them was unusual or unusually onerous, attention must, be drawn to the same in most explicit way and it must further be shown affirmatively that same was a contractual document and accepted by the party affected.

Ref. 1992 S C M 47 (h).

---S.5---Premises let out prior to the coming into force of Sindh Rented Premises Ordinance, 1979, on terms and condi9tions printed on the receipt of its back, such terms and conditions would be binding on the parties, provided tenant had expressly acknowledged that he had agreed to such terms and conditions in some form or the other by signing counterfoil of the receipt below such words as "agreed to the terms and conditions printed on the receipt or its back"---Merely printing of terms and conditions without evidence that tenant agreed to the same, would not, and could not be effective for the reason of absence of mutuality and the parties being ad idem.

Ref. 1992 S C M 47 (g).

---S.5--- Scope and object of S.5 of the Ordinance---Where existence of relationship of landlord and tenant was admitted but agreement was not in writing or executed in the manner provided in S.5, Sindh Rented Premises Ordinance, 1979, the terms and conditions, which were contained in such agreement, if they were inconsistent with any provision of Ordinance, would be invalid to the extent of inconsistency---Tenancy when admitted would be deemed to be in accordance with the provisions of Ordinance XVII of 1979--- Object of S.5, Sindh Rented Premises Ordinance, 1979, was to avoid any controversy as to the existence of relationship of landlord and tenant between the parties and to provide documentary proof thereof, and also to provide documentary proof of the terms and conditions on which premises in question, was let out to tenant.

Ref. 1992 S C M 47 (f).

---S.5---Tenancy agreement---Essentials---Tenancy created after promulgation of Sindh Rented Premises Ordinance 1979, was to be by an agreement in w5riting and if such agreement was not compulsory registerable under any law for the time being in force same would be attested, signed by and sealed with the seal of Rent Controller within whose jurisdiction premises was situated or any Civil Judge or First Class Magistrate---Agreement purported to be printed on the back of rent receipt did not satisfy requirements of S.5, Sindh Rented Premises Ordinance, 1979 inasmuch as the same was not signed or attested, as provided in S.5. of the Ordinance.

Ref.1992 S C M 47(d).