Law: Sindh Rented Premises Ordinance, 1979

Section: 15 , 18

Sindh Rented Premises Ordinance (XVII of 1979)--- ---- Ss. 15(2)(ii) & 18 --- Default --- Original landlord had died and his legal heirs who had stepped into his shoes as landlords, failed to serve legal notice about change of ownership on tenant --- Legal heirs who were permanently settled and domiciled in Quetta, admittedly had not appointed any person at Karachi where premises in dispute was situated, to act as their rent collector to collect rent monthly from the tenant --- Tenant though had not been regular in depositing rent in Court every month, but there was no element of wilful default visible from his conduct --- Tenant in circumstances was not proved to be a wilful defaulter in payment of rent of premises. Burmah Oil Mills v. Amir Ali and others 1983 C L C 1990; Muhammad Younis v. Dr. S. Muzamil Ali 1981 C L C 327; Adam Ahmad Thaqia v. Muhammad Hanif 1988 C L C 1703; K.M.C. v. Mst. Gul Raza 1988 M L D 2840; Mst. Ghularn Sakina v. Khalid Bari 1984 C L C 71; Shaikh Muhammad Muneer v. Muhammad Ilyas 1986 C L C 93; S.M. Bin Sultan v. Muhammad Anis 1985 M L D 409; Pervaiz Akhtar and another v. Additional District Judge Rawalpindi and others P L D 1990 SC 681; Dr. Ghulam Rasool v. Muhammad Idris Qureshi 1989 C L C 279 and Abdul Rashid v. Saleh Muhammad 1980 S C M R 506 ref. Choudhry Muhammad Iqbal for Appellant. Muhammad Usman Shaikh for Respondent. Date of hearing: 25th November, 1990. JUDGMENT Appellant, M.Z. Haq has challenged the judgment dated 8-4-1990 delivered by learned V Senior Civil Judge and Rent Controller, Karachi (East) in Rent Case No.256 of 1986, ordering his eviction from the premises in litigation. Admittedly the appellant was tenant of Haji Ziaul Haq Khan predecessor of the 'respondents, in premises in litigation viz. ground floor No.1 of Bungalow No.143/P, Block-2, P.E.C.H.S. Karachi with monthly rent at Rs,550. Haji Ziaul Haq Khan died on 12-11-1978 leaving behind the respondents as the legal heirs and they have steppe ' d into his shoes as landlords of the appellant. In that capacity the respondents riled Rent Case No'.256/86 for eviction of the appellant from the premises in litigation on the ground of default in…