Case Details

Citation(s)
1994 SLG 1617 1994 SLD 1617 = 1994 PLD 451

First Rent Appeal No.449 of 1991, decided on 2nd June, 1994,
MukhtarAhmed Junejo, J

Messrs DELSEC (PVT.) LTD: --Appellant

VERSUS

Syed BASIT ALI---Respondent

Law:

Section:

Appellants M/s. Delsec (Pvt.) Limited have challenged their eviction from the premises in litigation, ordered by IVth Senior Civil Judge and Rent Controller, Karachi East in Rent Case No.245 of 1989.                       Admittedly the premises in litigation viz. Flat No.1 on 1st Floor of the building on Plot No.683-C, Central Commercial Area, Block II, PECHS, Karachi is in possession of the appellants, having obtained the same from Mst. Saeeda Akhtar under a Tenancy Agreement dated 15-6-1987. Rent of the premises is Rs.1,800 per month as asserted by the respondent and not denied by the appellants.   Respondent Syed Basit Ali, who claimed to have purchased the said building including the Flat in litigation from Mst. Saeeda Akhtar under a deed of conveyance dated 20-12-1988, filed Rent Case No.245 of 1989 in Court of a Rent Controller under section 15 of Sindh Rented Premises Ordinance (hereafter mentioned as the Ordinance) for eviction of the appellants from the Flat in litigation on the only ground that the appellants had defaulted in payment of rent since January, 1988. Notice about change of ownership was sent by the respondent on 24-12-1988 to the appellants, who received the same.   ?The Rent Case was contested by the appellants, who in their written statement challenged the Tenancy Agreement dated 15-6-1987 to be unenforceable under the law because it was not attested in terms of section 5 of the Ordinance. The appellants, denied existence of relationship of landlord and tenant with the respondent. It was added that copy of the deed of conveyance dated 20-12-1988 was not supplied to the appellants who claimed to have paid to Mst. Saeeda Akhtar a sum of Rs.25,000 as fixed deposit, while taking from her the flat on lease. In respect of the ground of default, the appellants stated that a letter was written to previous landlady namely Mst. Saeeda Akhtar for copies of appropriate documents but she did not reply and even then a draft of Rs.3,600 was sent to Mst. Saeeda Akhtar as rent for the period January, 1989 and February, 1989 but said lady…
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