2019 YLR 1181 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD DIN VS Mst. KAUSAR JEHAN Ss. 2(f), 15 & 18----eviction of tenant---Denial of relationship of landlord and tenant by the tenant---Legal status of the eviction petitioner objected by the tenant---Scope---eviction petition---Maintainability---Words "owner" and "entitled to receive" in S.2(f), Sindh rented Premises Ordinance, 1979---Scope---Petitioner/tenant contended that respondent(lady) was not competent to file eviction petition against him as she had yet to prove gift deed, regarding demised premises, in her favour by her deceased husband and said gift was never complete in her favour as possession was with him (tenant)---Petitioner submitted that he was tenant of her late husband and was continuously paying the monthly rent in the Court in his (husband's ) name as demised premises was yet to be transferred to the legal heirs of the original owner---Respondent (lady) contended that her father-in-law was original owner of the whole property who gifted/transferred half of the said property( including demised premises) to her late husband and she, being a legal heir, was competent to move the Rent Controller---Validity---Section 2(f) of Sindh Rented Premises Ordinance, 1979 stipulated the definition of 'landlord' which not only included "owner" but also 'entitled to receive'---Succession opened the moment he died and his legal heir(s) became the owner even without such entry in record of rights---Ownership earned through inheritance thus, was not necessarily dependent upon entry/mutation in record of rights---After the demise of original owner his legal heirs would be construed as 'owner' and could file the ejectment petition without any Letter of Administration thus, ejectment petition filed by the lady was maintainable---Tenant had admitted the status of husband of the lady as 'landlord' and he even acknowledged that he (petitioner), on refusal of the husband of the lady to accept the rent, started depositing the rent in the name of husband of the lady---Relationship of landlord and tenant between husband of the lady and the tenant was never a matter of dispute---Since the husband of the lady had died leaving the her as one of the legal heirs (widow), therefore, ejectment petition was maintainable and absence of Letter of Administration , caused no prejudice to competence and maintainability of ejectment petition---Plea of the petitioner raised with reference to gift became of no use---Status of the 'tenant' did not give him any other right except that to retain possession of the premises till legal continuity of the tenancy, he(tenant) in absence of any other direct or indirect legal character, could not question the title of the landlord particularly in rent proceedings---Inclusion of gift in S. 18 of Sindh Rented Premises Ordinance, 1979 also affirmed that validity of a gift would not be questioned merely for reason of physical delivery of possession of premises which was under tenancy---Constructive delivery of possession would be sufficient on transfer of title---Tenant was not legally entitled to change of ownership and once a notice, within meaning of S. 18 of Sindh Rented Premises Ordinance, 1979, was served, the tenant had to honour his obligation and legally could not question change of ownership whether the same be through sale, gift etc---Husband of the lady, admittedly, had served a notice upon the petitioner and in consequence thereof the petitioner started depositing rent in the Court thus, the petitioner was never legally justified in raising said plea---Jurisdiction under Art. 199 of the Constitution could not be invoked merely for the reason that a different conclusion was possible---No illegality or infirmity having been noticed in the impugned orders passed by the two Courts below, constitutional petition was dismissed accordingly.