2000 SCMR 907 SUPREME-COURT

Full text

ABDUL HAQUE INDHAR VS PROVINCE OF SINDH General Clauses Act 1897--21 , Martial Law Order 1978 (Zone C) No. 60--ORDER , Ss.13 & 13-A---Privately-Managed Schools and Colleges (Taking Over) Regulations, 1972 (M.L.R. 118)---Tenant, a privately-managed school taken over by Government under the Regulation---Default in payment of rent--Landlord sought eviction of the tenants who were running a taken over school in the premises on ground of default in payment of rent---Landlord who had acquired ownership of the property from its previous owner by virtue of the sale-deed served a statutory notice to the tenants in terms of S.13-A, West Pakistan Urban Rent Restriction Ordinance, 1959 and demanded rent of the property---Tenant paid no heed to lawful demand of landlord and did not pay the rent but challenged the ownership of the landlord claiming that the property in question belonged to the Government and there existed no relationship of landlord and tenant between the parties---Validity---While the control, management and supervision of the privately-managed colleges and schools was taken over by the Government, properties in which such institutions were housed did not vest in the Government as no compensation had been paid to the person, management as well as to the owner of the properties for such taking over---Relationship of landlord and tenant, therefore, existed between the previous owner and the property stood transferred in the name of new landlord and relationship of landlord and tenant also came into existence between the parties by operation of law---Tenant having defaulted in payment of rent, they were liable to be ejected---Landlord, in circumstances, was not required to have a declaration of his title from a competent Court of plenary jurisdiction.