2004 YLR 344 KARACHI-HIGH-COURT-SINDH

Full text

YAHYA POLARI RANOR VS Mst. SOFIA AFTAB 1986 CLC 1513, 1989 CLC 853, 1990 CLC 1708, 1997 MLD 923, PLD 1991 SC 835, Constitution of Pakistan 1973--199 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--18 , ----Ss.15 & 18---Constitution of Pakistan (1973), Art.199---Default in payment of monthly rent---Change of ownership notice, non-receipt of---Tenant paid rent up to June, 1996 and thereafter stopped paying the rent up to October, 1996---Tenant, in the year 1997, sent money orders and then started depositing the rent before Rent Controller in the name of the new owner--Ejectment petition was dismissed by the Rent Controller but Appellate Court allowed the appeal and eviction order was passed---Plea raised by the tenant was that no notice under S.18 of Sindh Rented Premises Ordinance, 1979, was given to him after change of ownership ---Validity--Default was already committed when the tenant had failed to pay rent till October, 1996---Tenant had already paid rent to the new owner and had recognized as her landlady---Judgment passed by the Appellate Court needed no interference by High Court under the Constitutional jurisdiction---Constitutional petition was dismissed in circumstances.