Case Details

Citation(s)
1996 SLG 4062 1996 SLD 4062 , 1996 PLD 351
Sindh High Court
First Rent Appeal No.253 of 1992, decided on 13th March, 1996
Presented By: Before Hamid Ali Mirza, J
Syed Yousuf Ali for Petitioner. Sajjad Ali Shah for
Respondent.

Syed MEHMOOD ALI---Appellant

VERSUS

RASHIDULLAH SAMMA---Respondent

Law: Sindh Rented Premises Ordinance, 1979

Section: 15 , 18

  Sindh Rented Premises Ordinance (XVII of 1979)--- ---- Ss. 15(2)(ii) & 18 --- Default in payment of-rent --- Original landlord having died, notice of intimation under S. 18 of Sindh Rented Premises Ordinance, 1979 was duly served on tenant --- Tenant despite fully knowing about death of original landlord and also names of legal heirs of deceased landlord, continued depositing rent in Court in name of deceased landlord---Tenant, thus had committed default in payment of rent. from date when notice of intimation under S.18 of Sindh Rented Premises Ordinance, 1979 was received by him. Abdul Malik v. Mrs. Qaiser Jehan 1995 SCMR 204; Habib Bakhsh v. Mst. Bilquis Begum and others 1995 SCMR 448; Muhammad Yousaf and, another v. Nadimuddin Malik PLD 1991 Lah. 101 and Syed Azhar Imam Ri.zvi v. Mst. Salma Khatoon 1985 SCMR 24 ref. Sindh Rented Premises Ordinance (XVII of 1979)--- ---- S. 15(2) --- Ejectment application --- Maintainability --- Tenant had contended that ejectment application filed against him was not maintainable as it was filed through general power of attorney who possessed power-of-attorney from one of co-owners of the premises --- Contention of tenant was repelled as when one of co-owners could file ejectment application, attorney ,could also file ejectment application on behalf of one of the co-owners. PLD 1976 Kar. 756; 1983 CLC 337 and 1987 SCMR 1288 ref. Syed Yousuf Ali for Petitioner. Sajjad Ali Shah for Respondent. Date of hearing: 13th March, 1996. JUDGMENT This is First Rent Appeal directed against an order dated 12-4-1992 passed by. the 1st Senior Civil Judge and Rent Controller, Karachi-Central, in Rent Case   No.713/85, Rashidullah Samma v. Syed Mehmood Ali whereby an application filed under section 15 of the Sindh Rented Premises Ordinance, 1979 hereinafter called Rent Ordinance was allowed against the appellant/tenant and was directed to hand over the possession of the premises in question to the respondent/landlord within sixty days from the date of impugned order. Brief facts of the case are that respondent/landlord filed eviction application against the appellant/tenant in respect of Shops Nos.1, 2 and 3 and garrage of…
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