Case Details

Citation(s)
2000 SLG 1793 2000 SLD 1793 2000 CLC 247
Sindh High Court
First Rent Appeal No.58 and Civil Miscellaneous Application No.119 of 1998, decision dated: 20-04-1999
AMANULLAH ABBASI, J
Zahid Marghoob for Appellant. S.M. Aamir Naqvi for
Respondent

MUSHEER AHMED SIDDIQUI

VS

Mrs. BADARUN NISSA

Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)-------Ss. 15(2)(vii), 16(1)(2) & 18 -Change of ownership of premises ---Non­compliance of tentative rent order---Striking off defence of tenant---Landlady after purchasing premises in dispute from original owner issued notice of intimation of transfer of ownership to tenant, who received notice and gave reply of said notice to landlady---Rent Controller passed tentative rent order whereby tenant was directed to deposit arrears of rent and future monthly rent in name of landlady, but tenant denied relationship of landlord and tenant between the parties and deposited rent in name of previous owner of premises instead of landlady despite receipt of notice of change of ownership of premises---Tenant, who earlier had accepted relationship of landlord and tenant between the parties, could not back out and say that no relationship of landlord and tenant existed---Statutory tenancy had commenced as soon as notice under S.18, Sindh Rented Premises Ordinance, 1979 was received by tenant---Once it was brought to the notice of tenant that ownership of premises had- changed, it was his responsibility to tender rent to the landlady---Tenant, despite having knowledge of change of ownership of premises, having deposited rent in name of previous owner, his intention was not bona fide---Defence of tenant, in circumstances, was rightly struck off for non-compliance of tentative rent order. PLD 1982 Lah. 519; 1984 CLC 1333; 1980 CLC 1163; PLD 1978 Kar. 145; 1996. CLC 1312; PLD 1991 SC 711; 1988 SCMR 970; 1991 MLD 1390; 1994 CLC 1094; 1995 CLC 23; 1991 SCMR 64; 1979 SCMR 496; 1981 SCMR 538; PLD 1983 SC 1; 1985 SCMR 24; 1986 SCMR 751; 1989 CLC Kar. 157; 1990 CLC 904; 1993 CLC 1696; 1995 CLC 1722; 1995 MLD 422; 1993 SCMR 1360 and 1990 CLC 661 ref. ORDER The facts leading to present appeal are as under:-- The respondent had tiled Rent Application No.773 of 1995 stating therein that he was residing as a tenant on the Ist floor of a house situated on Plot No.B-319, Block-N, North Nazimabad. Karachi, while the ground floor was occupied by two tenants. The front portion of the ground floor was in occupation, of one Mushir Ahmed Siddiqui…
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