Law: Constitution of Pakistan, 1973

Section: 199

Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13, 2(c), 4, 6, 10, 15

Law: Transfer of Property Act, 1882

Section: 8,109, 1882

SUMMARY 2(c) West Pakistan Urban Rent Restriction Ordinance, 1959,—Landlord and landowner distinguished- The term \"landlord\" as defined in Section 2(c) is not synonymous with \"owner,\" yet the two concepts are inextricably linked when the entitlement to receive rent flows from title. The statutory definition pivots on the phrase \"for the time being entitled to receive rent.\" This implies a present and subsisting right. When a landlord transfers the ownership of a rented building to a third party, the right to receive rent generally passes to the vendee by operation of law, specifically under Section 8 and Section 109 of the Transfer of Property Act, 1882. Consequently, the vendor, having divested himself/herself of the title, ordinarily ceases to be a \"landlord\" within the meaning of the Rent Ordinance, as he/she is no longer entitled to receive rent or capable of conferring possession upon the tenant. However, this general proposition is subject to a significant exception recognized by the superior courts. The relationship of landlord and tenant may survive the sale of property if there exists a specific stipulation or \"contract to the contrary\" between the vendor and the vendee. Muhammad Amin v. Ghulam Murtaza (PLD 1967 Lahore (W.P.) 1020) Ref. 2(c) & 13 West Pakistan Urban Rent Restriction Ordinance, 1959- Where no such reservation of rights exists, the vendor loses the locus standi to seek eviction. The cause of action regarding default or other grounds attached to the property enures to the benefit of the new owner, who steps into the shoes of the previous landlord. Mst. Sher Bang Dad v. Kasim (1987 MLD 2352); Mst. Haseena Begum v. Mst. Nazma Begum (1991 MLD 2329) Ref. 2(c) & 13 West Pakistan Urban Rent Restriction Ordinance, 1959- Once the petitioner lost the title and the corresponding right to receive rent, she ceased to be a \"landlord\" under Section 2(c) of the Rent Ordinance. An eviction petition is a mechanism for the recovery of possession; a person who has no right to possession cannot maintain a petition for it. While the petitioner may have a claim for the…