| Citation(s) |
|---|
| 1994 SLG 1258 1994 SLD 1258 1994 CLC 592 |
Sindh High Court
First Rent Appeal No. 124 of 1992, decided on 14th November, 1993
MUHAMMAD ASLAM ARAIN, J
Ashiq Ali Abdullah for Appellant. Shahenshah Hussain for
Respondent.
First Rent Appeal No. 124 of 1992, decided on 14th November, 1993
MUHAMMAD ASLAM ARAIN, J
Ashiq Ali Abdullah for Appellant. Shahenshah Hussain for
Respondent.
GABOL ENTERPRISES
VS
Messrs HOTEL METROPOLE LIMITED
Law:
Section:
a) Sindh Rented Premises Ordinance (XVII of 1979)-- ----S. 15(2)(ii)---Ejectment application---Maintainability of---Maintainability of ejectment application filed on ground of default in payment of rent of premises was challenged by tenant on sole ground that landlord herein being a limited company incorporated under Companies Act, could not file application in its present form ---Ejectment application on behalf of company was filed under signature of one person in his capacity as Executive Vice President of Company and such particulars were given in title page of application as also under verification of application---Power of attorney on record was showing that person filing application was duly authorised to file ejectment application and to pursue or defend matter and no objection was taken by tenant to such power of attorney---Objection regarding maintainability of ejectment application taken by tenant, was rightly discarded by Rent Controller, in circumstances. Mamdot v. M/s. Ghulam Nabi Corporation Ltd. Lahore PLD 1979 SC 550; Ms.t Akhtari Begum v. Muhammad Kassim 1987 CLC 157 and AIR 1939 Bom. 437 ref. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15(2)(ii)---Default in payment of rent---Landlord had alleged that right from inception of tenancy, tenant was irregular in payment of rent as well as electricity charges---Letters addressed by landlord to tenant with regard to default in payment of rent and electricity charges had not been challenged by tenant---Tenant had himself admitted in his written statement arrears of rent and electricity---Even in evidence tenant had admitted default of rent as also electricity charges---Rent Controller rightly found tenant having committed default in payment of rent, in circumstances. JUDGMENT This appeal under section 21 of the Sindh Rented Premises Ordinance, 1979, hereinafter to be called as the Ordinance, is directed against an order dated 30-12-1992 passed by the Ist. Senior Civil Judge and Rent Controller, Karachi-South in rent case No. 26/86, directing appellant's eviction from the disputed premises. 2. Facts of the case in brief are that respondent M/s. Hotel Metropole Ltd. filed an application…
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