| Citation(s) |
|---|
| 1998 SLG 1335 1998 SLD 1335 1998 CLC 894 |
Sindh High Court
First Rent Appeal No.227 and Civil Miscellaneous Application No.586 of 1996, decision dated: 4-04-1997
MRS. MAJIDA RAZVI, J
Muhammad Akram Shaikh for Appellant. Akhlaq Hussain Qureshi for
Respondent
First Rent Appeal No.227 and Civil Miscellaneous Application No.586 of 1996, decision dated: 4-04-1997
MRS. MAJIDA RAZVI, J
Muhammad Akram Shaikh for Appellant. Akhlaq Hussain Qureshi for
Respondent
MAHMOOD AKBAR ALVI
VS
Mst. AYESHA SULTANA
Law:
Section:
Sindh Rented Premises Ordinance (XVII of 1979)-------Ss. 15(2)(ii) & 18---Relatinship of landlord and tenant---Default in payment of rent---Notice of change of ownership of premises though was not sent to tenant by registered post, but was delivered by landlord by hand---Even if presumed that intimation notice under S.18 of Sindh Rented Premises Ordinance, 1979 was not served on tenant and according to tenant he came to know about change of ownership only after service of notice of ejectment application filed against him by landlord, tenant failed to pay rent t0 new owner/landlord regularly---Tenant, in circumstances, had committed default in payment of rent---Rent Controller, in circumstances, had rightly found that relationship of landlord and tenant existed between the parties and that tenant was liable to be ejected as he had committed default in payment of rent. Gopaldas v. Riaz Ahmad Qureshi 1990 MLD 2212 ref. ORDER This first rent appeal is directed against the judgment, dated 19-5-1996 passed in Rent Case No.495 of 1990, by the learned First Senior Civil Judge and Rent Controller, Karachi (East). The brief facts as per Memo. of the Appeal are that one Mr. Faizul Hasan Ansari owner/landlord of House No.1182/22, Block No.1, P.I.B. Colony, Karachi ('the Premises') had let out the said premises to the appellant's father (late) Professor Muhammad Ali Alavi in the year 1967 and the family including the appellant has been living in the premises since then. In the year 1979 Professor Muhammad Ali Alavi the original tenant expired at Karachi but his family continued to live in the said premises and thus, became statutory tenants and in the said capacity continued paying rent to the said Faizul Hasan Ansari, but no receipts of rent were ever issued in spite of demands. On 28-7-1990 an ejectment application being No.495 of 1990 was filed against the appellant and it was through this application that the appellant came to know about the present respondent Mst. Ayesha Sultana who is the new owner and the wife of Faizul Hasan Ansari. The appellant had no statutory notice of change of ownership in respect of the premises as no notice was ever served on the…
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