Case Details

Citation(s)
1988 SLG 2314 1988 SLD 2314 1988 SCMR 775
Supreme Court of Pakistan
Civil Appeal No. K-81 of 1981, decided on 10th November, 1987. (On appeal from the judgment and order of the Sind High Court, Dated 3-3-1980 in Second Appeal 68 of 1978). Date of hearing: 10th September, 1987.
MUHAMMAD AFZAL ZULLAH, ZAFFAR HUSSAIN MIRZA AND MIAN BURHANUDDIN KHAN, JJ

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SULEMAN and another--Appellants

VS

, M.A. MALLICK--Respondent

Law:

Section:

  West Pakistan Urban Rent Restriction Ordinance (VI of 1969)--   --S.13-A--Change of ownership--Notice--New landlord served tenant with a notice about change of ownership and asked for paying him rent but tenant deposited rent in Court and asked for copy of title from landlord--Landlord supplied copy of title and again asked tenant to pay him rent but tenant again deposited rent in Court--Held, tenant on receipt of notice pursuant to S.13-A of Ordinance ought to have tendered rent to new landlord and should not have tendered same in name of previous landlord--Tenant, could not raise plea that he was entitled to demand copy of title deed and as such he deliberately and willfully defaulted in payment of rent--Order of Rent Controller ejecting tenant on ground of default in payment of rent restored in circumstances.   P L D 1976 Kar.169 and F L D 1977 Kar.418 ref. JUDGMENT MIAN BURHANUDDIN KHAN, J.--Respondent is the tenant of the appellants in respect of open plot measuring 450 sq. yds bearing Survey No.149 situate at Artillery Maiden, Karachi at a monthly rent of Rs.300. The appellants had purchased the aforesaid plot of land from Mst.Fazal Begum vide sale-deed dated 10-4-1969. Prior to the purchase of the said plot the respondent was in occupation of the same as tenant of Mst.Fazal Begum at monthly rent of Rs.300. 2. As required by section 13-A of the then West Pakistan Urban Rent Restriction Ordinance, 1959 the appellants served a notice dated 16-12-1969, by registered A.D. post, intimating the respondent about the purchase of the aforesaid plot by them from the previous owner, and called upon him to pay the rent in question with effect from 10-4-1969 to them, per Annexure C. It is asserted by the appellants that the respondent refused to comply with the demand notice and instead wrote a letter dated 1-1-1970 to the appellants intimating them that the rent was being deposited in the District Court, Karachi and that they should approach that Court for the recovery of the same, and vide the same letter he asked them to furnish him with a photo state copy of the sale-deed. 3. Thereafter, the appellants submitted an application to the learned…
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