1993 CLC 1602 KARACHI-HIGH-COURT-SINDH

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MUMTAZ AHMED VS RAZIA ZAHEER Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15 (2) (ii)----'transfer of Property Act (IV of 1882), S. 8---Defaylt in payment of rent---Original landlord who had filed ejectment application against tenant on ground of default died during pendency of application and his daughter applied to be joined as party on basis of acquisition of exclusive ownership rights under Deed of Relinquishment and Disclaimer executed by all other legal representatives of deceased landlord in her favour---Daughter of deceased was allowed to be substituted in place of deceased landlord---Tenant had contended that daughter of deceased landlord could not seek eviction of tenant on ground of default in payment of rent for period when she was not owner of property nor was assigned right to recover said rent by original owner and for that reason she was not entitled to rent of said period---Acquisition of right to recover rent under S. 8 of Transfer of Property Act, 1882 was to be distinguished from right to pursue proceedings for eviction of tenant on ground of default, commenced by predecessor of transferee and pending before Rent Controller---Contention of tenant was repelled, in circumstances.