1991 MLD 2329 LAHORE-HIGH-COURT-LAHORE

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Mst. HASEENA BEGUM VS Mst. NAZMA BEGUM Civil Procedure Code --Order I of C.P.C. Parties to Suits--10 , ----S. 13(6)---Civil Procedure Code (V of 1908), O.I, R.10---Non-compliance of tentative rent order of Rent Controller---Striking off defence of tenants ---Vendee respondents having become owners through sale were substituted in place of original owner---Substituted landlords entitlement to avail of tenant's default in non-payment of rent prior to purchase of property in question---Substituted landlords application for substitution of their names in place of original landlord having been accepted by Rent Controller, tenants did not challenge that order on the ground that entire period of default alleged in ejectment application on basis of which eviction of tenants was sought related to the period prior to the date of purchase of property by new landlords and as such they could not be substituted in place of original landlord---Payment of rent of premises, however, was a right and liability attached to the property, non-payment whereof; amounted to default on basis of which eviction of premises could be claimed by the new landlord--Tenant's defence was, thus, correctly struck off, for non-payment of rent for specified months in accordance with Rent Controller's tentative rent order on application of substituted landlords despite the fact that default had occurred prior to transfer in their favour.