Syed MUHAMMAD vs NOORULLAH Ss — 2022 YLR 2180 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 YLR 2180 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: YLR
Parties: Syed MUHAMMAD vs NOORULLAH Ss
Subject matter: Civil
Provisions referred to: S. 18---R; S. 18; Sindh Rented Premises Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Syed MUHAMMAD VS NOORULLAH Ss. 15 & 18---Eviction petition---Change in ownership--- Scope---Respondent / landlord filed eviction applications in respect of five tenements in use of petitioner/tenant on the ground of default after service of notice under S.18---Rent Controller and Appellate Court concurrently ordered eviction of tenant---Tenant denied the relationship of landlord and tenant---Validity---Tenant had claimed to have purchased the property but nothing was brought on record in that respect---Tenant had already conceded in his written statement that he was inducted in the premises as tenant, which was a crucial statement---Tenant had admitted in his cross-examination that despite his coming to know about issuance of PT-1 (Property Tax-1) in the name of landlord, he had not initiated any legal proceedings---PT-1 issued to the predecessor of landlord was available along with affidavit-in-evidence---PT-1 might not constitute ownership but it did authorize the one who was found in constructive possession to regulate his possession as required under the law---PT-1 had authorized the landlord to deal with the property as he deemed fit and proper---Notice under S. 18 of the Sindh Rented Premises Ordinance, 1979, was issued to the tenant to apprise him about the situation as to the change of PT-1 and authority of new landlord---Landlord had stepped into the shoes of previous landlord to whom PT-1 was issued---Impugned judgments did not call for interference---Constitutional petitions were dismissed.

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