2019 YLR 2500 KARACHI-HIGH-COURT-SINDH

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CAPRI AUTOS, NMOTORCYCLE DEALERS VS Dr. MASUMA HASAN Ss. 15 & 18---eviction petition---Default in payment of rent---Denial of relationship of landlord and tenant---Deposit of rent in court---Notice of change in ownership, service of---Scope---Landlord while claiming default in payment of rent asserted that the tenant was inducted in the premises by previous tenant and that he was a trespasser---Tenant asserted that he came to know about the change of ownership of premises through public notice; that he offered the rent personally which the landlord's attorney refused to receive; that the rent was then tendered through money order which too was refused and that the rent was being deposited in court---Validity---eviction petition was not maintainable against a trespasser or an illegal occupant---Landlady admitted that no notice regarding change in ownership was ever served upon the tenant however, claimed that two notices requiring vacation of premises were sent---Landlady had been quiet until filing of eviction application and had never attempted to inform the tenant regarding change of ownership---Notices were not proved to be served upon the tenant---Tenant, soon after acquiring knowledge of publication of notice, had offered the rent and on its refusal and denial, deposited the same in miscel-laneous rent case, which deposit was within a reasonable period of acquiring knowledge of the change of ownership---Default, as claimed by landlady, was an engineered one---eviction application was dismissed, in circumstances.