1989 MLD 2468 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD USMAN HAJRA BI TRUST VS HAJI MUHAMMAD AND BROTHERS West Pakistan Urban Rent Restriction Ordinance 1959--13-A , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S.13-A & 13--Sind Rented Premises Ordinance (XVII of 1979)--S.21--eviction petition--Default in payment of rent--Petition rejected by Rent Controller on ground that tenant had no notice of transfer of property and that notice under section 13-A of Rent Ordinance, 1959 was not given to tenant; that non-service of notice was fatal--Tenant had been paying rent to landlord for a long time from 1972 to 1976 and had been obtaining receipts therefore--No question therefore could arise as to tenant having no intimation about transfer of property in question in favour of landlord--Non-service of notice under section 13-A of Rent Ordinance, 1959, was therefore not fatal--Rent Controller had not recorded finding on question of default in payment of rent after duly scrutinizing evidence prevalent on record and giving any reason therefore---Order of Rent Controller rejecting eviction application set aside and case remitted for fresh order according to law after considering pleadings and evidence on record.