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1991 SCMR 762 SUPREME-COURT

Supreme Court · 1991

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NOORUDDIN VS SIRAJUDDIN Constitution of Pakistan 1973--185 , ----Ss. 10(3) & 18---Constitution of Pakistan (1973), Art.185(3)---Landlord purchasing property in question when petitioner was already a tenant under previous landlord---Effect of failure to give notice by new landlord and deposit of rent by tenant under provision of S.10(3), Sindh Rented Premises Ordinance, 1979---Tenant appeared to have gained some knowledge about purchase by landlord even during the time when transaction of sale took place---Leave to appeal was granted to examine, notwithstanding tenant's knowledge about said purchase; whether a formal notice under S.18, Sindh Rented Premises, 1979, was necessary; whether tenant by making deposits under S.10(3) of the Act did not remain liable to eviction any more, notwithstanding some technical defect in said deposits, and in this behalf it would also require serious examination; whether tenant had not parted with requisite amount of money with a desire to avoid eviction on ground of default, and if he did so, whether he was still liable to be evicted and whether discretion should not have been examined in his favour--Other related questions raised in petition for leave to appeal would also require examination---Leave to appeal was granted.