Case Details

Citation(s)
1996 SLG 4097 1996 SLD 4097 , 1996 PLD 526
Sindh High Court
First Rent Appeal No. 108 of 1994, decided on 10th July, 1996.
Presented By: Before Nazim Hussain Siddiqui, J
Rehmat Elahi for
Respondent.

Messrs SUNITA --- Appellant

VERSUS

Messrs BUILDING HARDWARE STORES through Partner --- Respondent

Law: Sindh Rented Premises Ordinance, 1979

Section: 18

  Sindh Rented Premises Ordinance (XVII of 1979)-- ---- S. 18 --- Change of ownership of premises --- Notice --- Purpose --- Purpose of notice under S. 18, Sindh Rented Premises Ordinance, 1979 was to inform tenant about new ownership for avoiding default in payment of rent --- Once it was proved that tenant had knowledge about transfer of ownership of premises, it was not necessary to send the tenant notice under S. 18 of Sindh Rented Premises Ordinance, 1979 --- Notice of change of ownership had nothing to do with creation of relationship of landlord and tenant between the parties but in fact it would give a protection to a tenant on ground of default if rent was remitted 30 days from date when intimation should in normal course, have reached this tenant. Sindh Rented Premises Ordinance (XVII of 1979)--- ---- Ss. 15(2(vii) & 18 --- Default in payment of rent --- Duty of a tenant to pay/offer rent of premises to landlord each month in time even during pendency of ejectment proceedings against him/her   Tenant having failed to pay rent to landlord even after issuance of notice of change of ownership of premises in dispute to him, he had committed wilful default in payment of rent. Ghulam Ghous for the Appellant. Rehmat Elahi for Respondent. Date of hearing: 18th February, 1996. JUDGMENT This appeal under section 21 of the Sindh Rented Premises Ordinance, 1979, hereinafter called the Ordinance, is directed against the Order, dated 25th January, 1994, passed by the then learned Vth Rent Controller, Karachi, South, whereby the appellant was directed to hand over vacant possession of the premises in question to the respondents within 60 days from the date of said order. The facts relevant for decision of this appeal are as follows: The respondents on 8-8 -1988 had filed Rent Application No. 1048 of 1988 against the appellant for her eviction from the House bearing No.MR-1/64, Murad Khan Road, Para Lane, Karachi, on the ground of default in payment of rent. It is the case of the respondents that the appellant is a tenant in the said premises at monthly rent of Rs.80 and that the building in question was purchased by them from its previous owner…
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