Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 13A

Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 13A

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------Ss. 13 & 13-A---Ejectment petition---Default in payment of rent to new owner/landlord---Trial Court accepted ejectment petition---Appellate Court dismissed tenant's appeal---Tenant contended that pendency of title suit between new and previous owners of the demised property barred ejectment petition---Validity---New owners/landlords stepped into the shoes of previous owners/landlords---Notice of change of ownership was duly dispatched to the tenant---Courts below rightly held that the relationship of landlord and tenant existed between the new owners and the tenant---Tenant's contention that ejectment petition was not maintainable during pendency of suit between the new and previous owners, was without substance---Tenant did not pay rent despite having knowledge of the change of `ownership of demised property---Appeal was dismissed. Barkat Masih v. Manzoor Ahmad (deceased) through L.Rs. NLR 2004 (Civil) 702 fol. Muhammad Aslam Khan Dhukkar for Appellant. Malik Ashiq Muhammad for Respondents. Date of hearing: 24th November, 2010. JUDGMENT MUHAMMAD NASEEM AKHTAR KHAN J.---This second appeal has been filed against the concurrent findings of the learned Rent Controller and that of the learned Additional District Judge, Sadiqabad. 2. Succinctly, the brief facts necessary for the disposal of this SAO are that Muhammad Afzal and others, (hereinafter called the respondents), filed an ejectment petition against Muhammad Iqbal, appellant for the shop in dispute. 3. Muhammad Afzal and others respondents averred in the ejectment petition that Khadim Ali son of Allah Ditta was owner of disputed shop from whom they purchased it in consideration of Rs.9,00,000 vide registered Deed No.3199 dated 29-12-2005 (Exh.A-2); that previously, the appellant was tenant of said Khadim Ali and the monthly rent was Rs.3500. After the purchase of the disputed shop, the respondents issued a notice under section 13-A of the Urban Rent Restriction Ordinance, 1959 to the appellant vide registered letter dated 3-1-2006. After the receipt of the said notice, the appellant has neither paid the rent to them nor has delivered the…

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