Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13 , 15 , 21

Wes Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13-A---Transfer of ownership of rented premises---Service of notice under provision of S. 13-A of Act, VI of 1959, an essential requirement ---Non compliance of notice---Effect---In absence of notice of change of ownership under provisions of S. 13-A of Act VI of 1959 a tenant not paying rent to new landlord could not be deemed a defaulter---Essentials of notice and consequences of non-service of notice stated--- The plain reading of section 13-A of the repealed Ordinance would make it clear that the tenant should not be deemed to have defaulted in the payment of rent if the rent due is paid within thirty days from the date when the intimation of transfer is given by the new landlord/landlady to the tenant. This intimation, it may be noticed, has to be given in a particular manner mainly in writing by registered post. It is true that a tenant is entitled to the protection of the repealed Ordinance only as long as she is ready and willing to pay the rent. However, when there is a transfer of ownership of a property in the possession of a tenant, a tenant may find it difficult to ascertain as to whom he/she is to attom, and as the consequences of failure to pay rent are very drastic, the legislature in its wisdom has imposed this obligation of notice under section 13-A. The object underlying this beneficial provision is clearly to enable the tenant to know whom she/he is to attorn and the section being a remedial provision should be construed liberally. Accordingly the landlord/landlady has to serve the tenant with the notice as provided by section 13-A of the repealed Ordinance or section 18 of the Sindh Rented Premises Ordinance, 1979.   A tenant in possession of a rented building cannot be evicted otherwise than in accordance with the provisions of the repealed Ordinance. A landlady who seeks to evict her tenant on the ground of default has to apply to the Controller. Order of eviction against tenant can only be passed if it is proved that the tenant has neither paid nor tendered rent due from him in respect of the building within the stipulated period as envisaged by section 13 (2)…