| Citation(s) |
|---|
| 1994 SLG 403 1994 SLD 403 1994 PLD 452 |
Supreme Court of Pakistan
Civil Appeal No. 126 of 1993, decision dated: 27-01-1994 (On appeal from the judgment of the High Court of Sindh, Karachi dated 5-10-1992 passed in F.RA. No. 79 of 1990). Per Saleem Akhtar, J.; Sajjad Ali Shah, J. agreeing--West Pakistan Urban Rent Restri
AJMAL MIAN, SAJJAD ALI SHAH AND SALEEM AKHTAR, JJ
Shafaat Hussain, Advocate Supreme Court and Faizanul Haq Advocate-on-Record for Appellant. Munawar Malik, Advocate Supreme Court and M.S. Ghaury Advocate-on-Record..
Civil Appeal No. 126 of 1993, decision dated: 27-01-1994 (On appeal from the judgment of the High Court of Sindh, Karachi dated 5-10-1992 passed in F.RA. No. 79 of 1990). Per Saleem Akhtar, J.; Sajjad Ali Shah, J. agreeing--West Pakistan Urban Rent Restri
AJMAL MIAN, SAJJAD ALI SHAH AND SALEEM AKHTAR, JJ
Shafaat Hussain, Advocate Supreme Court and Faizanul Haq Advocate-on-Record for Appellant. Munawar Malik, Advocate Supreme Court and M.S. Ghaury Advocate-on-Record..
Miss ABIDA RIASAT RIZVI
VS
PHILOMENA MATHEW and 4 others" Per Ajmal Mian, J. contra. [p. 4591 C
Law:
Section:
13-A -Sindh Rented Premises Ordinance (XVII of 1979), S. 18-Landlady purchased the property on 29-5-1990 and after allegedly serving notice on the tenant under S. 13-A, West Pakistan Urban Rent Restriction Ordinance, 1959 instituted ejectment case on the ground of default in payment of rent---Case was decided in favour of landlady ex parte---When landlady applied for execution of the order of ejectment tenant's successor's-in-interest intervened and claimed that the tenant had died in 1960 and tenancy right devolved on him and his brother---Execution application of the landlady was consequently dismissed by Rent Controller as the order of ejectment had been obtained against a dead person---Landlady preferred appeal against order of the Rent Controller rejecting his execution application---Successor of tenant also made a miscellaneous application before the Rent Controller seeking permission to deposit the rent in Court which was allowed on 14-11-f082 and consequently he started depositing rent in the Court---Landlady then filed another petition against the successor of the tenant alleging default in payment of rent from July, 1970 to February 1983---Successor of the tenant took the plea of non-service of notice under S. 13-A, West Pakistan Urban Rent Restriction Ordinance, 1959---Rent Controller allowed the ejectment of tenant holding the predecessor of tenant defaulter in payment of rent---High Court on appeal reversed the order of Rent Controller and found that no notice under S. 13-A having been served by landlady either on tenant's predecessor or the tenant as such they could not be held to be defaulter---Held, from the time the execution was filed by landlady and the status of the tenant's predecessor was determined by order dated 8-1-1979, tenant had full knowledge of the fact that landlady had purchased the property in question---When the tenant was saddled with definite information of transfer of ownership and on that basis he had acted upon it, if an ejectment case was filed on ground of default, the plea that notice under S.13-A, West Pakistan Urban Rent Restriction Ordinance, 1959 or under S.18, Sindh Rented Premises Ordinance, 1979, was not served…
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