2000 PLP 247 (CLC)

The order of learned Ilnd Rent Controller, Karachi Central; dated 29‑5‑1997 is as under:‑‑ "From the perusal of record it reveals that applicant has produced transfer/mutation order, notice, dated 12‑6‑1995 to Mr. Mashir Ahmed Siddiqui about the change of ownership which was duly replied. The opponent has stated that he started depositing rent in M.R.C. No.512 of 1995 in the name of previous landlord and Mr. Ahsan Ahmed but after having knowledge of ownership of the applicant he started depositing rent in M.R.C. No.74 of 1996 in the name of present applicant. In the circumstances mentioned above it is ordered that the opponent shall deposit the arrears of rent from July, 1995 to May, 1997 @ Rs.1,400 per month amounting to Rs.32,200 for twenty‑three months in this rent case within thirty days hereof. He is further directed to deposit future monthly rent commencing from June, 1997 on or before 10th of each succeeding calendar month at the same rate i.e. Rs.1,400 (Rupees Fourteen Hundred only) in this rent case. The rent already deposited in M_R.C. No.512 of 1995 and 74 of 1996 be adjusted in this rent case. The applicant is directed not to withdraw, the rent of disputed period i.e. from July to August, 1995." Subsequently; the same Rent ‑Controller passed the order, dated 8‑12‑1997, the relevant portion of this order is asunder:‑‑. "It is a matter of record that this Court vide order, dated 29‑5‑1997 directed the opponent, on application under section 16(1) of Sindh Rented Premises Ordinance, 1979 that the opponent shall deposit the arrears of rent from July, 1995 to May, 1997 at the rate of Rs.1,400 per month amounting to Rs.32,200 for 23 months in this rent case within 30 days thereof. He was further directed to deposit future monthly rent commencing from June, 1997 on or before 10th of each succeeding calendar month at the same rate in the rent case and the rent already deposited in M.R.C. No.512 of 1995 and 74 of 1996 be adjusted in this rent case. The opponent deposited Rs.8,400 in M.R.C. No.74 of 1996 Rs.5,600 in M.R.C. No.512 of 1995 Rs. 1 400 in the above matter unto 28‑6‑1997 Rs.15,400 unto 28‑6‑1997. It is evident that the opponent has violated the order of this Court and wilfully and deliberately committed the default in compliance of a legal order. Since the points raised by the learned counsel for the opponent were irrelevant and authorities referred were distinguishable from the facts of the present case, therefore, there is no need to discuss them in detail. Under the circumstances, I hereby strike off the defence of the opponent and he is directed to vacate the rented premises within 30 days from the date of this order and hand over its peaceful possession to the applicant." The premises in question was owned by one Rasheed Ahmed. The respondent/applicant had purchased the same from Mr. Rasheed Ahmed and had sent notice under section 18 of the Sindh Rented Premises Ordinance, 1979, dated 12‑6‑1995. The appellant/opponent had sent the reply, dated 18‑7‑1995. Thereafter, the rent application was filed, but in written statement, dated 12‑3‑1996 the appellant/opponent denied the relationship of landlord and tenant. The affidavit‑in‑evidence was filed by Ahsan Ahmed on 16‑1‑1997 mentioning that the applicant was his wife and he was her attorney. In spite of all these facts the appellant refused to acknowledge the respondent/applicant as his landlord on the one hand and on the other hand in para.7 of his written statement he has stated as under:‑‑ "It is respectfully added that the answering opponent has regularly been paying rent to the previous landlord namely Mr. Rasheed Ahmed Anis, rent was being deposited in Court whereafter on receiving intimation from Ahsan Ahmed alleged to have purchased the property in question, the answering opponent in order to save himself from the consequences of any possible default sought permission and started depositing rent in joint name of Rasheed Ahmed Anis and Ahsan Ahmed vide M.R.C. No.512 of 1995. Rent was paid to outgoing landlord upto the month of June, 1995." The opponent/appellant has admitted that he started depositing rent in the name of Rasheed Ahmed Anis and Ahsan. Ahmed in M.R.C. No.512 of 1995. By depositing rent in name of Ahsan Ahmed who is husband of applicant/ respondent, the appellant has accepted the relationship of landlord and tenant and now he cannot back out and say that there was no relationship of landlord and tenant between the parties. The statutory tenancy commences as soon as the notice under section 18 is received by the tenant. Once it is brought to the notice of tenant that the ownership of premises has changed then it is his responsibility to tender rent to the new landlord. This view is consistent with decision of this Court reported in 1989 CLC 157, that the. tenant in spite of knowledge of sale of premises in dispute continued to deposit rent in name of previous landlord even after notice of ejectment application it was held that the intention of tenant was not bona tide in depositing the rent in name of previous landlord. It was further held that the finding of Rent Controller with regard to default in. payment of rent could not be questioned. Similar are the circumstances of the present case and in spite of all knowledge that the ownership of the premises in question had changed, he continued to deposit rent in the name of previous owner. The intention of opponent/appellant was not bona tide arid, therefore, the finding of the Rent Controller on the point of default and subsequent, order of striking off his defence cannot be interfered with. The appeal is, therefore, dismissed alongwith listed application being C.M.A. No. 1 19 of 1998. H.B.T./M‑476/K Appeal dismissed.