Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 2(f)(j),18,15(2)(ii)

[(Sindh Rented Premises Ordinance (XVII of 1979)]......Ss 2 (f) (j) & 18---Relationship of landlord and tenant---Notice of change in ownership---Issuance of---Original owner, who had inducted tenants as such in premises in dispute had died leaving behind three sons and two daughters--­After death of original owner one of his sons used to collect rent of premises--­Tenants had by their conduct accepted heirs of deceased original owner to be owners of premises and in such circumstances, no need was of serving notice to tenants for change of ownership---Relationship of landlord and tenant had stood established between tenants and heirs of deceased original owner. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.15 (2) (ii)---Default in payment of rent---Default in payment of rent of premises for eight months had gone unexplained---Tenants contended that they had paid taxes' to Excise and Taxation Department as such they were entitled to adjust same against rent due---Nothing was on record to show whether such taxes were actually paid by tenants or whether they approached landlords before making such payments---Onus to prove payment of disputed rent was on tenants, but they had failed to prove same---Tenants were rightly found defaulters in circumstances. Haji Khuda Bux v. Muhammad Anwar 1982 CLC 1006 and Pervaiz Akhtar v. Additional District Judge, Rawalpindi PLD 1990 SC 681 ref. ORDER By this common judgment I intend to dispose of these two appeals. Briefly the facts are that the present respondent being one of the co-­owners in the property bearing NO.T.L.1/18 situate in Tahilram Quarters, Nishat Road, Karachi had filed the ejectment cases against the present appellants on the ground of wilful default in payment of monthly rent, impairing value and utility of the premises in dispute and personal bona fide requirement. The case of the respondent is that appellant Sheikh Muhammad Sher is in occupation of one godown in the said building at monthly rent of Rs.45 and that he had defaulted in payment of rent from May, 1972 to July, 1979 while the appellant Babo Khan is in occupation of a godown at the same monthly rent and that he had defaulted in…

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