2021 MLD 1905 KARACHI-HIGH-COURT-SINDH

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HABIB BANK LIMITED VS MST. NEELOFAR ANWAR Ss.13, 16 & 18---eviction petition---Arrears of rent---Change in ownership---Defiance in payment of arrears---Scope---Respondents/new landlords initiated eviction proceedings by filing rent case along with an application under S.16(1) of Sindh Rented Premises Ordinance, 1979---Tentative rent order passed by Rent Controller was not complied with by the petitioner, which resulted in striking of defence of the petitioner vide impugned order---Respondents, had served a notice under S.18 of the Sindh Rented Premises Ordinance, 1979, for intimating the change of ownership, which was admitted by the petitioner---Tentative rent order for the months of March, April, May and June, 2019, was passed on 21-10-2019---By the time impugned order was passed, a rent case was filed by the petitioner for deposit of rent with effect from July, 2019, onwards---Tentative rent order was passed for the period of March, April, May and June, 2019 and rent of future months excluding July to November, 2019 as it was claimed and shown to have been deposited in rent case filed by petitioner---Rent for the months of March to July, 2019 was rightly ordered to be deposited in Court as despite service of notice under S. 18, it was deposited in the name of previous landlady---Petitioner had committed defiance of tentative rent order and had committed default in payment of rent and hence the defence was rightly struck off---Constitutional petition was dismissed.