Case Details

Citation(s)
1996 SLG 4035 1996 SLD 4035 , 1996 PLD 136
Sindh High Court
First Rent Appeal No.538 of 1989, decided on 1st November, 1995.
Presented By: Before Hamid Ali Mirza, J
Munib Ahmed Khan, for Appellants. A.H. Mirza and Muhammed Afzal for
Respondent.

NISAR AHMED and another --- Appellants

VERSUS

SHARAFULLAH --- Respondent

Law: Sindh Rented Premises Ordinance, 1979

Section: 15

  Sindh Rented Premises Ordinance (XVII of 1979)- ---- S. 15(2)(ii) --- Default in payment of rent --- Landlord had filed ejectment application against tenant on ground of default in payment of rent and during pendency of ejectment application, premises in question was sold out by him and vendees, were substituted in place of previous owner --- Default in payment of rent by tenants of premises in question which occurred during period of ownership of previous owner, thus would pass on to vendees, of premises in question --- In case default in payment of rent by tenants was proved to have taken place during period of previous owner, vendees of premises in question being subsequent owner/landlord, could maintain their action for ejectment against tenants on ground of default in payment of rent and. tenants could be ejected From premises in question --- Ejectment application filed by previous owner/landlord on ground of default in payment of rent, could be continued by vendee landlord and that application would be maintainable. Arshad Mahmood v. Muhammad Haroon 1984 CLC 1750; Adil Brother, Karachi v. Amin Art Press and others PLD 1976 Kar. 53; Muhammad Ishaque v. Abdul Haq and 2 others 1982 CLC 665; Zahoor Ahmad v. Syed Ijaz Ali 1980 CLC 1223; Muhammad Hafeez v. Muhammad Suleman 1979 CLC 757; Khuda Bux and another v. Teekoomal and another 1986 CLC 1923; Abdul Rauf v. Nawab Ali PLD 1986 Kar. 117; PLD 1962 Dacca 600; AIR 1955 SC (Ind.) 376 and Ghaysauddin Ahmad's case 1986 CLC 1513 ref, Sindh Rented Premises Ordinance (XVII of 1979)- S. 15(2)(II) --- Default in payment of rent --- In absence of any tenancy agreement between parties fixing period for payment of rent monthly rent of premises would become payable within sixty days after monthly rent had become payable and monthly rent would become payable after expiry of a month --- Sixty days, thus had to be lapsed from period for which rent was payable by tenant before landlord could seek ejectment of tenant under S.15(2)(ii) of Sindh Rented Premises Ordinance, 1979 ... Plea of landlord that rent should be paid within sixty days from the day it was payable, had no merit.   SYed Shin Gul v. Haji Abdul…
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