1999 PLP 1184 (MLD)

S. 18

Property stood in the names of two persons in the record of rights-- Lease agreement was entered with one of the owners

On the death of the other owner a notice, from one of the successor among others, was served upon the tenant to vacate the property

Tenant, on receipt of notice, neither paid rent nor replied the said notice

Order of ejectment was passed by the Rent Controller against the tenent

Tenant contended that he was tenant of the owner with whom he had entered into lease agreement and had been paying rent from the very beginning

Affidavit was filed by landlady admitting the receipts of rent which were objected to by other landlords with the contention that same could not be considered at appellate stage as the tenant had not filed any application for additional evidence in the matter

Order of ejectment passed by Rent Controller was set aside with consent of the parties and case was remanded to provide opportunity to tenant to produce the deponent/lessor before the Rent Controller. Khalid Dawoodpota for Appellant. Sami Ahmed Tirmizy for Respondent. Date of hearing: 22nd December, 1997 By this common judgment, I propose to dispose of the aforesaid three First Rent Appeals as the same facts are involved. The aforesaid three F.A.Rs. have been filed against the order passed by the Rent Controller on 20-8-1995 in Rent Cases Nos.390, 391 and 392 of 1992 allowing the ejectment applications and directing the appellants/opponents to vacate the demised premises within 60 days. The appellant's counsel contended that the appellant was tenant of Mst. Ghulam Sakina vide lease agreement dated 1-9-1988 at Rs.2,500 per month. That in the record of right the property stood in the name of Mst. Ghulam Skina and Muhammad Rafique and that he received a notice under section 18 of the Sindh Rented Premises Ordinance dated 28-4-1992 from Surraiyya Sultana mentioning, therein that after the death of Muhammad Rafique the property had been jointly devolved upon Muhammad Hussain, Abdul Latif, Tahir Sultan, Surriyya Sultana, Samina Rafat and Mst Ghulam Sakina. The appellant after receipt of notice, neither tendered rent to the respondent nor replied the said notice. The respondent filed ejectment cases against three tenants namely, Fakhruddin Khan, Syed Mahmood Ali Shah and Hamiduddin Siddiqui being Rent Cases Nos.390, 391 and 392 of 1992 respectively. The contention of the appellant's counsel was that he was the tenant of Mst. Ghulam Sakina who was the owner and with whom he had entered into the lease agreement. His further contention was that he, from the very beginning, had been paying rent to her. The learned counsel pointed out that in F.R.A. No.448 of 1995 Mst. Ghulam Sakina has filed her affidavit mentioning therein that as a owner/landlady she has been receiving rent from the tenant against rent receipts which bore thumb mark by her. The respondent's counsel contended that the affidavit filed by Ghulam Sakina cannot be considered at this stage as the appellant has not filed any application for additional evidence in this matter. Both the learned counsel agreed that they will be satisfied if an opportunity is given to the appellant to produce the said Mst. Ghulam Sakina before the Rent Controller. By consent, the ejectment order passed by the Rent Controller is set aside and the aforesaid cases are remanded to the Court of Rent Controller. The appellant is allowed to file affidavit-in -evidence of the said Mst. Ghulam Sakina on 6-1-1998 before the Court of 1st Senior Civil Judge and Rent Controller, Karachi (Central). No Court motion notices will be issued to the parties. The learned counsel present in Court will appear before the rent Controller on 6-1-1998. The Rent Controller is directed to dispose of the aforesaid three rent cases within three months from 6-1-1998. C.M.A./M-298/K Order accordingly.