Law: Sindh Rented Premises Ordinance, 1979

Section: 15,18

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 15 & 18---Change of ownership---Willful default by tenant in payment of rent---Scope---Despite acquiring knowledge about the change of ownership of subject tenement, the petitioner (tenant) avoided/neglected/refused to pay the rent to the respondent (new owner) rather he continued to deposit the rent amount in the name of previous landlady in the Court of the Rent Controller Karachi which constituted a willful default on the part of petitioner (tenant)---Petition filed by tenant was dismissed. Ghulam Samdani v. Abdul Hameed 1992 SCMR 1170 ref. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 8, 15 & 18---Change of ownership---Intimation of such change to the tenant---Substantial compliance of section 18 of the Sindh Rented Premises Ordinance, 1979 ('the Ordinance')---Scope---Institution of an application for determination of fair rent by the new landlord under section 8 of the Sindh Rented Premises Ordinance, 1979 would be deemed to be sufficient intimation to the tenant regarding change of ownership i.e. substantial compliance of the provisions of Section 18 of the Ordinance---Even institution of application for eviction would be deemed to be substantial compliance of the provisions of Section 18 of the Ordinance. Syed Azhar Imam Rizvi v. Mst. Salma Khatoon 1985 SCMR 24 ref. (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 8---Fair rent, fixation---Four factors to be considered by the Court provided under section 8 of the Sindh Rented Premises Ordinance, 1979 ('the Ordinance')---It is not necessary for a landlord to prove hike in respect of all four factors as detailed in section 8 of the Ordinance---Moreover it is not necessary that all these four factors must co-exist in each and every case seeking fixation of fair rent, rather one or two grounds are sufficient. State Life Insurance Corporation of Pakistan and another v. Messrs British Head and Footwear Store and others 2018 SCMR 581 ref. JUDGMENT SYED HASAN AZHAR RIZVI, JUSTICE:---.--- Through this petition filed under Article 185(3) of the Constitution of the Islamic Republic of Pakistan, 1973, ("Constitution")…

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