Case Details

Citation(s)
1991 SLG 1645 1991 SLD 1645 1991 CLC 207
Sindh High Court
First Rent Appeal No. 44 of 1987, decided on 14th October, 1990
NASIR ASLAM ZAHID, J
Kazim Hasan for Appellants. H.A. Rahmani for
Respondents

ABDUL KARIM and others

VS

MUHAMMAD NAWAB and 4 others

Law:

Section:

Sindh Rented Premises Ordinance (KVII of 1979)--- ----S. 18---Ejeetment of tenants---Denial of relationship of landlord and tenant--­Appellants' father was admittedly tenant of respondent's father---Earlier ejectment application on ground of reconstruction had been filed by respondents' after their father's death in 1980, against appellants' father who was then alive and ejectment order had been passed---Notice of earlier ejectment order was sufficient notice to original tenant i.e. appellants' father and to appellants, of the ownership in property having been devolved upon respondents as sons and legal representatives of deceased landlord---Appellants had neither denied death of original landlord nor the fact that respondents were sons of deceased landlord-- -Respondents being landlord, appellants were required to pay rent to them or to deposit the same in their name---No rent having been paid to landlords, Rent Controller's decision was correct and could not be interfered with. JUDGMENT In this first rent appeal, the appellants, who are the legal heirs of deceased Abdul Karim have challenged the order dated 30-11-1986 of the Rent Controller allowing the ejectment application filed by respondents who are the sons of Dildar and ordering ejectment of the appellants from the premises in question. I have heard Mr. Kazim Hasan, learned counsel for the appellants and Mr. H.A. Rahmani, learned counsel for the respondents. 2. Deceased Abdul Karim was admittedly the tenant of deceased Dildar in respect of the shop in question. According to the deceased Abdul Karim the landlord (Dildar), at some point of time had refused to receive the rent tendered by Abdul Karim and, therefore, he started depositing the rent in Misc. Rent Case in the name of Dildar. The respondents are the sons of Dildar and they have claimed to be the owners of the property after the death of Dildar. The respondents filed Rent Case No. 3848/80 against Abdul Karim on the ground of reconstruction. The said rent case was contested by Abdul Karim, inter alia, on the ground that there was no relationship of landlord and tenant between the parties. In that rent case, ejectment of Abdul Karim was ordered by…
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