Law:

Section:

SHAHID ANWAR BAJWA, J.---Ejectment application was filed by the present petitioner on 29-3-2000 against the present respondents No.1. The tenancy is in respect of a shop and open space in front thereof. It was stated in the ejectment application that the landlord purchased the property from previous owner and after purchase of property informed the tenant vide legal notice, dated 12-5-2000. Tenant did not reply to the legal notice. Consequently ejectment application on ground of default from May, 2000 to September, 2000 was filed. The tenant filed his written statement. It was firstly denied that legal notice was received by him. Thereafter it was submitted that in the month of July tenant approached the previous owner for payment of rent for May, June, July and August. Previous owner did not receive the rent on one pretext or the other. Thereafter when the tenant came to know through other tenants that premises had been sold to the petitioner he sent four months' rent vide Money Order, dated 25-8-2000. It was not received and it came back undelivered. Consequently he filed Miscellaneous Rent Case and started depositing rent in the Court and first deposit was made by him on September 13, 2000. Evidence was recorded and after recording evidence the Rent Controller vide his order, dated March 30, 2002 allowed the ejectment application. On question of default the Rent Controller observed that opponent did not have any receipt for the period from May to September. It was further held that it was the duty of the tenant to locate the landlord and to pay rent. In respect of legal notice, the Rent Controller held that photocopy of the notice regarding intimation of change of ownership was filed and that opponent himself admitted during cross-examination and/or in written statement that it had come to his knowledge that other tenants of the building deposited the rent in Court. The Rent Controller held that notice of change of ownership was received by the tenant and other tenants of the building replied to the notice. It also held that rent was sent by Money Order on 25-8-2000 but it was after default which had been already committed.   The tenant filed appeal…