| Citation(s) |
|---|
| 1993 SLD 817 = 1993 CLC 1183 |
Sindh High Court
F.RA. No. 40 of 1990, decided on 25th January, 1993.
Presented By: Before Abdul Rahim Kazi, J
-------Abdul Fattah Malik for Appellant. Gul Bahar Korai for
Respondent.
F.RA. No. 40 of 1990, decided on 25th January, 1993.
Presented By: Before Abdul Rahim Kazi, J
-------Abdul Fattah Malik for Appellant. Gul Bahar Korai for
Respondent.
Mst. NAZ BIBI---Appellant
VERSUS
ABDUL WAHAB---Respondent
Law: Sindh Rented Premises Ordinance, 1979
Section: 2 , 14
Sindh Rented Premises Ordinance (XVII of 1979) -- ----Ss. 2 (f) & 14---Ejectment of tenant was sought by widow of deceased 10 landlord under S. 14 of the Ordinance---Tenant challenging the title of widow to the rented property----Validity---Held tenant was not entitled to raise disputes pertaining to the title of landlord when he had been paying rent to previous landlord and on his death the property had devolved on his heirs. Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 14---Ejectments of tenant---Notice to tenant in terms of S. 14, Sindh Rented Premises Ordinance, 1979---Essentials---Contents of notice served upon tenant clearly stated that landlady was a widow of a Government servant, was in occupation of Government residence and was being pressed for vacating such residence, therefore, she required premises for residence which was the only property owned by her---Contents of notice fulfilled the requirements of S. 14, except that no specific time was mentioned in the notice for the tenant to vacate the premises---Notice under S. 14 served upon tenant, in spite of lack of time specification in the same, was a valid notice, which entitled landlady to get premises in question, vacated from the tenant and period of notice would not be treated less than two months as provided in the section. Kulsoom Begum v. M/s. Allied Co. Industries 1989 CLC 969 distinguished. Abdul Fattah Malik for Appellant. Gul Bahar Korai for Respondent. Date of hearing: 25th January, 1993. JUDGMENT This appeal has been preferred by the appellant/landlady challenging the judgment passed by the Senior Civil Judge and Rent Controller Jacobabad on 25-6-1990 whereby her ejectment case was dismissed. Briefly the facts relevant for the purposes of this appeal are that the present appellant had filed an application for ejectment of the present respondent from the house bearing No.C.S. 487/2, Ward I, Jacobabad under section 14 of the Sindh Rented Premises Ordinance, 1979 (hereinafter to be referred to as the Ordinance). Said application was filed on 9-6-1987 being R.A. No. 38/87, Her case in the said application is that the present respondent was a tenant of the said house…