2021 CLC 976 KARACHI-HIGH-COURT-SINDH

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RIASAT KHAN VS ARSHAD ALI BHUTTO Ss.13 & 18---eviction petition---Change in ownership---Scope---Petitioner claimed that he was landlord by virtue of sale deed of demised premises; that there was default on the part of tenant and that the premises was required for personal bona fide need---Courts below declined the ejectment application while holding non-existence of relationship of landlord and tenant---Validity---Reading of S.18 of Sindh Rented Premises Ordinance, 1979, was sufficient to conclude that there was no bar on transfer of ownership of premises even without consent of the tenant which did not relax the legal obligation of the tenant to pay timely rent to the known owner/landlord---Obligation to ensure information of such change of ownership was only to inform the tenant that he had to make payment to new/changed owner---Relationship of landlord and tenant existed between the parties---Findings of courts below were set aside---Case was remanded to the Rent Controller with direction to decide the issue in the matter afresh while accepting the relationship of landlord and tenant---Constitutional petition was disposed of accordingly.