Law: Sindh Rented Premises Ordinance, 1979

Section: 15 , 18 , 13

Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section:

  Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 15(2)(ii) & 18---Default in payment of rent---Change of ownership-- Previous owners/landlords had not been able to prove default of tenant -- Vendees of premises in dispute, held, could not have better rights against tenants than rights enjoyed ' by previous owners---In absence of notice for change of ownership of premises, vendees could not seek eviction of tenant on ground of default in payment of rent. Subumal v. Kika Ram 1973 S C M R 185; Mst. Bismillah Begum v. Fazal Muhammad 1987 C L C 1113; Mst. Sardar Begum v. Gul Faraz Khan P L D 1967 Pesh. 176; Aziz Begum v. Faiyaz Butt N L R 1980 Civil Lah. 134; Muhammad Amin v. Ghulam Murtaza P L D 1967 Lah. 1020; Syed Muhammad Ali and another v. Jameel Ahmed P L D 1976 Kar. 820; Abdul Rauf v. Nawab Ali and others P L D 1986 Kar. 117; Messrs A.B. Sons Limited v. Eastern Express Limited 1989 M L D 956; Yousuf Shah v. Haji Ghulam Jan Khan 1975 S C M R 464 and Girdhari Lal v. Mst. Marzia Bano and another P L D 1963 Quetta 25 ref. West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--= ----S. 13-A---Non-service of notice of transfer of property by the transferee on the tenant in terms of S.13-A of the West Pakistan Urban Rent Restriction Ordinance, 1959 has no effect on the maintainability of the ejectment application on the grounds other than that of default in payment of rent. Salim Karmally for Appellant Muhammad Ismail Memon for Respondent Date of hearing: 23rd January, 1990. JUDGMENT Appellants who are children of Dildar have assailed dismissal of Rent Case No.478 of 1972 ordered on 26-7-1986 by Vth Senior Civil Judge and Rent Controller, Karachi South.     Rent Case No. 478 of 1972 was filed on 7-3-1972 by S.M. Ashar, S.M. Asghar and Mst. Noorun Nissah (hereafter to be mentioned as previous owners) against the respondents in respect of the shop in litigation bearing No.G-7 in Shamsi Building situated on Plot No.SB 1/1, 2, 3, Saddar Karachi, where a Post Office is functioning. It was alleged in the Rent Case that the respondents were habitual and persistent defaulters in payment of rent as they had not paid rent for the shop…