Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)--S.18---Constitution of Pakistan (1973), Art.185(3)--- Leave to appeal was granted to consider whether the intimation received otherwise than by manner expressly provided by S.18 of the Ordinance would not be a sufficient compliance of provision of S.18. (b) Sindh Rented Premises Ordinance (XVII of 1979).--- ----S.18---Object and scope of S.18---Provision of S.18 is not to be strictly construed---Service of notice under S.18 is relevant only for the purposes of filing ejectment application by the new landlord on ground of default. The object of section 18, Sindh Rented Premises Ordinance, 1979 is to intimate the tenant about the transfer of property or the name of the new landlord who is entitled to recover rent. The new owner is required to intimate the tenant about the transfer or vesting of the property in him. In this way the tenant knows to whom he has attorned. Section 18 is remedial in nature and provides a procedure for a particular situation. It has, therefore, not to be strictly construed particularly issuance of the notice by registered post if the tenant has positive knowledge of transfer by a simple notice or otherwise as the case may be. Service of notice is relevant only for the purposes of filing ejectment application by the new landlord on ground of default. Khuda Buksh v. Muhammad Yakoob 1981 SCMR 179; Mrs. Kazmi v. Syed Kamaluddin Shah 1982 SCMR 576 and Sabu Mal v. Kika Ram alias Heman Das 1973 SCMR 185 ref. (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.18---Tenancy in no way was dependent upon the service of notice under S.18---Where factum of transfer of property was admitted and rent was paid for several months, notice was not necessary. Messrs Everyday Pictures Limited v. Chamman Begum 1983 SCMR 282 ref. (d) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 18---West Pakistan' Urban Rent Restriction Ordinance (VI of 1959), S.13 -A---Institution of ejectment application and receipt of copy of the said application by which the tenant comes to know about the transfer of property constitutes due notice and can be treated as substantial compliance with the provision of…

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