| Citation(s) |
|---|
| 1993 SLG 1040 1993 SLD 1040 1993 CLC 2258 |
Sindh High Court
F.RA. No. 10 of 1991, decided on 12th April, 1992
MAMOON KAZI, J
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F.RA. No. 10 of 1991, decided on 12th April, 1992
MAMOON KAZI, J
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M/s. ALREHMAN INTERNATIONAL through Chairman
VS
TARIQ RASHED and another
Law:
Section:
Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15(2)iii)---Default in payment of rent---Tenant claimed that sale agreement ii respect of premises in dispute had been executed between him and landlord---Alleged agreement of sale executed by landlord in favour of tenant had been produced on record---Amount of default in rent payment as alleged be landlord admittedly was not paid by tenant to landlord and tenant could not prove that final sale-deed had been executed between parties--Unless premises in question had been transferred to tenant by a registered sale-deed, tenant would remain tenant of landlord and he as a tenant was liable to pay rent o landlord regularly---Since no such rent was claimed to have been paid by tenant to landlord, commission of default in payment of rent on the part of tenant had fully been established. JUDGMENT Respondent No.1 had sought ejectment of the appellant and respondent No.2 from the premises in question on the ground of default. It was alleged that the appellant who was the respondent's tenant and had sublet the premises to respondent No.2, was in arrears of rent with effect from May, 1988 up to the filing of the eviction application before the learned Sixth Rent Controller South, Karachi. The said application was filed on 13-9-1990. 2. The appellant failed to appear and defend the case before the learned Controller even after he had been served by substituted service through publication of notice in the newspaper. The respondent No.2 however, filed a written statement wherein the relationship of the landlord and the tenant between the respondent No.1 and himself was denied, as, according to him, he had taken the premises in question on rent from the appellant. 3. Both the parties adduced their respective evidence before the learned Controller. The appellant examined Col. Abdul Rasheed, his attorney, in support of his case whereas respondent No.2 himself gave evidence before the learned Controller. A plea was taken that the appellant had agreed to purchase the premises in question from the respondent and an agreement had been executed by the appellant and respondent No.1 dated 15th January, 1987 in this regard.…
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