1997 SCMR 1781 SUPREME-COURT

Full text

SABZ ALI KHAN VS BISMILLAH KHAN Constitution of Pakistan 1973--185 , ----S.17---Constitution of Pakistan (1973), Art. 185(3)---Default in payment of rent ---Ejectment of tenant---Notice of transfer of premises by purchasers to tenant---Necessity---Service of notice of transfer of premises by purchasers to tenant under Cantonments Rent Restriction Act, 1963, was not sine qua non to seek tenant's eviction either on ground of default in payment of rent or on account of his denial of relationship of landlord and tenant---Even if such notice was necessary on equitable consideration, still tenant could have availed opportunity to tender rent within two months of receipt of notice of ejectment application---Tenant was not inclined to do so for he had denied relationship of landlord and tenant, therefore, non-service of such notice on part of landlord was just lame excuse---Default in payment of rent was thus, established.