| Citation(s) |
|---|
| 2000 SLG 1955 2000 SLD 1955 2000 CLC 1168 |
Sindh High Court
First Rent Appeals Nos.584, 585, 586, 587, 589 and 593 of 1991, heard on 11-02-1999
DR. GHOUS MUHAMNWD, J
Zahid Marghoob for Appellants. S.M. Akhtar Rizvi and Arshad Mobin Ahmed for
Respondents
First Rent Appeals Nos.584, 585, 586, 587, 589 and 593 of 1991, heard on 11-02-1999
DR. GHOUS MUHAMNWD, J
Zahid Marghoob for Appellants. S.M. Akhtar Rizvi and Arshad Mobin Ahmed for
Respondents
Mrs. KANIZ FATIMA and others
VS
Miss NAUSHABA JABEEN and others
Law:
Section:
(a) Sindh Rented Premises Ordinance (XVB of 1979)--.----Ss. 15(2) & 18---Wilful default in monthly rent---Notice of change of ownership---Where tenant on service of notice under S.18, Sindh Rented Premises Ordinance, 1979, by the landlord failed to pay/tender rent due within 30 days of receipt of such notice, without valid reasons, that amounted to commission of wilful and deliberate default in the payment of rent---Tenant was liable to be evicted in circumstances. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 18---Notice of change of ownership---Mentioning of rate of rent and arrears of rent in such notice---Scope---Landlord, under the provisions of S.18, Sindh Rented Premises Ordinance, 1979, is not duty bound to mention the rate of rent as well as arrears of rent in such notice---Landlord is only required to send intimation to the tenant regarding change of ownership in writing by registered post and the tenant is required to pay rent due within 30 days of the receipt of such intimation. (c) Sindh Rented Premises Ordinance (XVH of 1979)--- ----S. 8---Fixation of fair rent---Dispute regarding rate of rent---Tenants had accepted to pay the rent at revised rate and paid the same for a long period of 15 months---Plea raised by the tenant was that landlord should get fair rent fixed by Rent Controller prior to the institution of ejectment proceedings--Validity---Landlord was not required to get the fair rent fixed prior to the institution of the ejectment proceedings. (d) Power of attorney-- ---- General power of attorney and special power of attorney ---Distinction--Forms can be used by principal to give powers to the attorney to do more than one act while through the latter the principal can give powers to his attorney to do only one act. (e) Sindh Rented Premises Ordinance (XVH of 1979)--- ----Ss. 15(2) & 21---Special power of attorney ---Scope---Ejectment of tenant---Wilful default in monthly rent---Tenant was ordered by the Rent Controller to vacate the premises on ground of default ---Ejectment proceedings were contested by Special Attorney on behalf of the tenant--Special Attorney did more than one act during the proceedings and…
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