Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)-------Ss. 18 & 15---Constitution of Pakistan Art. 185(3)---Change of ownership of rented premises---Nature of notice under S.18 of the Sindh Rented Premises Ordinance, 1979---Scope---Tenant/petitioner impugned order of High Court whereby tenant's constitutional petition against ejectment order passed against him, was dismissed---Contention of the tenant was that, despite change of ownership of the premises, no notice under S. 18 of the Sindh Rented Premises Ordinance, 1979 was served on him, which was mandatory in nature, and without the same, the tenant was not liable to pay rent, and was therefore not in default---Validity---Although no notice under S.18 was issued to the tenant, the tenant had however, admitted that he had knowledge of change of ownership and it was therefore tenant's duty to approach the new landlords and pay rent and in case of refusal on part of landlords to accept the same, tenant was to follow the procedure prescribed under S.10(3) of the Ordinance---Tenant had been in default of rent for a long time and had accepted this fact when he sent a letter along with a cheque for arrears of rent, which was refused by the landlords---Supreme Court observed that despite non-service of notice under S.18 of the Sindh Rented Premises Ordinance, 1979 the tenant was not absolved of the liability to pay rent and had he deposited the rent in the court or sent the same by postal money order, plea of bona fide on part of the tenant could be accepted, however, in the present case, default of more than 13 years could not be condoned on any ground---Leave to appeal was refused, in circumstances. Abdul Qadir Khan, Advocate Supreme Court for Petitioner. Nemo for Respondents. Date of hearing: 16th May, 2013. JUDGMENT MUHAMMAD ATHER SAEED, J.---This civil petition for leave to appeal has been filed against the judgment of the learned High Court of Sindh, Karachi dated 8-2-2013 in Constitution Petition No.S-939 of 2012 whereby the learned High Court of Sindh had dismissed the constitution petition filed by the present petitioner against the judgment dated 18-7-2012 passed by the learned Vth Additional District…

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