1989 PLP 563 (MLD)

The brief facts giving rise to the present appeal are that the respondents filed an ejectment application against the appellant inter alia alleging therein that they are owners/landlords of the shops bearing Nos.103 and 104 situated on ground floor. Khalid Cloth Market Liaquatabad, Karachi, having purchased the same from the previous landlord Mr. A. Latif' on 1‑7‑1983. That the opponent/appellant was tenant in Shop No.103, on a monthly rent of Rs.60. That the applicants were entitled to recover rent from 1‑7‑1983. The previous landlord had informed the opponent on the, same day personally and the applicants had also intimated the opponent through letter dated 6‑11‑1983 requiring him to pay rent to the applicants from 1‑7‑1983. That the opponent had failed to pay or tender rent and as such he was a defaulter. That the case of the opponent/appellant was that he was tenant of M/s. A. Latif and Sons at a monthly rent of Rs.

60. That he came to know about the purchase of shop by applicants/respondents on receipt of notice dated 6‑11‑1983. That on receipt of the above notice the opponent asked the applicants to furnish him certain details but they failed to produce the copy of Sale Deed. That he had already paid rent for the months of July and August 1983 to. Abdul Latif previous owner, and therefore he tendered rent to Abdul Latif personally as well as through money order but the same was refused and therefore he, deposited rent in Court on 24‑10‑1983 in Miscellaneous Rent Case No.4774 of 1983. That he had received intimation, from previous landlord on 19‑12‑1983 and not before. He has further stated that the rent from September to December 1983 was deposited in Court and nothing was due against him. In support of their contents, respondent Abdul Kadir examined himself and has produced copy of notice dated 6‑11‑1983 as Exh.12. He has olio examined one Haji Abdul Ghaffar who has produced money order coupon and written intimation sent to the appellant. On the other hand the appellant examined himself and has produced original receipts regarding deposit of rent in Miscellaneous Rent Case No. 4774 6f 1983.Notice dated 1‑12‑1983 and 19‑12‑1983. Notice dated 15‑1‑1984 alongwith postal A.D. receipt and receipt dated 18‑1‑1984 in Miscellaneous Rent Case No.221 of 1984 as Exhs. `A'. to `K'. On pleadings of the parties the Rent Controller framed the, following issue:-- Whether the opponent is defaulter in payment of rent? After taking into consideration the evidence produced by the parties, the learned Rent Controller decided the above issue against the appellant, and ordered his ejectment. I have heard Mr. Abdul Majeed Khan, learned counsel appearing for the appellant, Mr. Ismail Padhiar learned counsel appearing for the respondents, and have gone through the R & P of the case. It has been contended by Mr. Abdul Majeed Khan learned counsel appearing for the appellant that the previous landlord had executed agreement to sell in favour of the Mst. Zaibun‑Nisa sister of the respondents on 5‑6‑1983. A second agreement was executed by previous owner in favour of the respondents on 3‑8‑1983, again a supplementary agreement was executed by previous owner on 11‑8‑1983 according to which the respondents were entitled to recover rent from 1‑7‑1988. However, the appellant had already paid rent for the months of July and August 1983 to Abdul Latif. Again he sent‑two money‑orders dated 25?9‑1983 and 10‑10‑1983 to Abdul Latif but the same were refused, and therefore he deposited the rent in Court on 24‑10‑1983 for four months from September to December 1983), and therefore he was not a defaulter. Mr. Ismail Padhiar learned counsel appearing for the respondents has contended, that the respondents were ‑entitled to recover rent from 1‑ 7‑1983, and when the appellant was served with notice dated 6‑11‑1983 he was duty bound to pay rent from Ist July, 1983 to December, 1983, and since he failed to pay the same, he was a defaulter. I have considered the contentions of the learned counsel. It is an admitted position, that the appellant had paid rent to previous owner A. Latif for the month of July and August 1983, and he had deposited rent for the months of September to December, 1983 in Court vide receipt dated 24‑10‑1983.Annexure (A). It is also an admitted position that the respondents had intimated the appellant regarding their right to recover rent by notice dated 6‑11‑1983. The appellant had already paid two months rent to the previous owner and had deposited four months rent in Court before he was served with the above ‑notice. The ejectment application was filed on 10‑1‑1984 showing the appellant as defaulter for six months. Under section 18 of Sind Rented Premises Ordinance, 1979, it was the duty of the respondents to give intimation in writing by registered post to the appellant about the change of ownership and since the notice was sent on 6‑11‑1983 and the appellant had already deposited rent upto December, 1983 in Court, he could not be said to be a defaulter. In this view of the matter, the appeal is allowed, the ejectment order passed by the learned Rent Controller is set aside, and the ejectment application is dismissed. H.B.T./M‑708/R????????????????????????????????????????????????????????????????????????????????? Appeal allowed.