Law: Constitution of Pakistan, 1973

Section: 185(3)

West Pakistan Urban Rent Restriction Ordinance (VI of 1959) ---- Ss.13 A, 15  Constitution of Pakistan (1973), Art.185(3)  Ejectment on ground of default  Change of ownership of rented premises not known to tenant  No notice served under S.13 A of Ordinance (VI of 1959)  Tenant continuing payment of rent to agent of former landlord  Rent Controller drawing contrary conclusion from facts which were never pleaded and proved  High Courts order setting aside ejectment order upheld  Leave to appeal refused. ORDER ZAFFAR HUSSAIN MIRZA, J. The petitioner who claims to be the owner of the disputed residential property has brought this petition for leave to appeal from the judgment of a learned Single Judge of the Sind High Court, dated 1st February, 1987, whereby the appeal of the respondent, who is the tenant in the disputed premises was allowed and the eviction order passed against her was set aside. 2. The facts are that the building in which the premises in question are located was originally owned by one Mst. Iffat and consists of a portion on the ground floor of a double storey bungalow. The petitioner and her sister purchased the above said bungalow from its previous owner Mst. Iffat on 16th September, 1976. In 1979, the petitioner sought the eviction of the respondent on the ground of default in the payment of rent for the period commencing from 1st March, 197E to 30th April, 1979. The plea of the petitioner was that a notice dated 5th April, 1979 under section 13 A of the West Pakistan Rent Restriction Ordinance, 1959 intimating to the respondent the change of ownership of the premises in favour of the petitioner was sent to her. The respondent, however, denied the receipt of the notice and resisted the eviction application on the legal ground that notice under section 13 A was not served on her and on facts her defence mainly was as under: “Mr. Murtaza Pooya was the concerned man in respect of the demised premises and the opponent knew him to be the landlord of the demised premises and under his instructions the rent was being paid to his appointed rent collector, Mr. Ibrahim Ali. Since the tenancy is as old as of…

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