| Citation(s) |
|---|
| 1995 SLG 956 1995 SLD 956 1995 CLC 348 |
Sindh High Court
First Rent Appeal No. 203 of 1989, decision dated: 7-03-1994
IMAM ALI G. KAZI, J
S. Zahir Chishty for Appellant. M.A. Rashid for
Respondent
First Rent Appeal No. 203 of 1989, decision dated: 7-03-1994
IMAM ALI G. KAZI, J
S. Zahir Chishty for Appellant. M.A. Rashid for
Respondent
ABDUL GHANI
VS
Hafiz JALALUDDIN
Law:
Section:
(a) Sindh Rented Premises Ordinance (XVII of 1979)------S. 18---Notice to tenant about transfer of tenement to new landlord---Dispensation of such notice when possible---Where tenant was fully aware that the tenanted property was transferred to landlord and even had contested ejectment application previously filed against him by landlord and had himself filed a suit against landlord in respect of the premises in question, no notice was required to be issued to him under S. 18 of the Sindh Rented Premises Ordinance, 1979. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15(2)(ii)---Default in payment of rent---Evidence on record had fully established that tenant had not paid rent of premises to, landlord even after tenant had become aware of Ike fact that premises in dispute had duly been transferred to landlord and even after filing ejectment application against tenant---Tenant had not deposited rent regularly and did not pay rent for a period of two years---Tenant having been proved to be a wilful defaulter, order of ejectment was rightly passed against him. JUDGMENT Respondent Hafiz Jalaluddin is the transferee of a tenement No. 3/4 of premises constructed on plot bearing No. R-C--4/7/2, situated on Jinnah Street, Ranchore Lane, Karachi from the Settlement Department, the property being an evacuee property. This transfer was made in his favour on 19-1-1976. The premises were occupied by appellant Abdul Ghani. In 1977 Hafiz Jalaluddin filed an ejectment application against the appellant. He succeeded in obtaining appellant's ejectment but on appeal the ejectment order was set aside and the case remanded to the Rent Controller. The case was ultimately dismissed for non-prosecution. In the year 1986 the appellant filed a suit for declaration and injunction against the respondent in respect of the same premises, alleging that the respondent has obtained the transfer of the property in question in his favour from the Settlement Department by misrepresentation. He did not succeed in the suit and was also unsuccessful in appeal. On 12-1-1988, respondent Hafiz Jalaluddin filed an application under section 15 of the Sindh Rented Premises Ordinance, 1979,…
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