Case Details

Citation(s)
2020 SLG 1365 2020 SLD 1365 2020 YLR 992
Sindh High Court
Constitutional Petitions Nos. S-223 and S-224 of 2011, decision Dated: 19-04-2019, hearing Dates: 27th August, 5th, 26-9-24-12-2018, 30th January and 12th March, 2019.
NADEEM AKHTAR, J
Syed Amjad Hussain for Petitioner. Noor Ahmed Malik Mahmood for
Respondent No.1.

NASREEN KAUSAR

VS

MST. HOOR AFZAL AND 2 OTHERS

Law: Sindh Rented Premises Ordinance, 1979

Section: 18,15

Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 18 & 15---Change of ownership---Requirements---Default in payment of rent---Eviction petition was allowed on the ground of default in payment of rent---Contention of tenant was that he had paid rent to the previous owner of demised premises---Validity---Subsequent owner of demised premises was required to send a written intimation by registered post to the tenant intimating him with regard to change of ownership---New landlady had sent written intimation with regard to change of ownership to the tenant through urgent mail service and not by registered post---Landlady had not complied with the requirements of S. 18 of Sindh Rented Premises Ordinance, 1979---Tenant had failed to prove that she had paid rent to the previous owner of demised premises after having knowledge of change of ownership---Tenant was bound to pay rent to the changed owner within sixty days after having knowledge of change of ownership which had not been paid---Tenant had committed default in payment of rent and she was liable to be evicted---Constitutional petition was dismissed, in circumstances. Mst. Sadia Awan v. Daniyal Pervaiz and others 2007 SCMR 174; Kanwal Nain and 3 others v. Fateh Khan and others PLD 1983 SC 53; Hirjibhai Behrana Dar-e-Meher through Attorney v. Messrs Bombay Steel Works, Partnership Firm, through Partner 2001 SCMR 1888; State Life Insurance Corporation of Pakistan, Karachi's case PLD 1993 Kar. 642; Habib Bakhsh v. Mst. Bilquis Begum and others 1995 SCMR 448; Messrs Habib Bank Limited v. Sultan Ahmad and another 2001 SCMR 678; Pakistan National Shipping Corporation v. Messrs General Service Corporation 1992 SCMR 871; Mahmood Akbar Alvi v. Mst. Ayesha Sultana 1998 CLC 894; Shahnaz Begum v. Ikhlas Ahmad 1990 CLC 904; Hameed and 3 others v. Jitendra and 2 others 2010 CLC 561; Messrs Mukhtar Brothers v. Mst. Hawa Bai Admani and 9 others 1992 MLD 1045; Muhammad Raghib v. Abdul Razzak PLD 1994 Kar. 20; Messrs Bamboat & Co. v. Messrs G.B. Construction Co. 1995 MLD 816 and Syed Hamid Hussain v. Mst. Humaira Ghiasi 1986 CLC 1873 ref. Abdul Kadir and another v. Muhammad Yaqoob 1991 SCMR 1029 and Shezan Limited…
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