2017 CLCN 201 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD ASIF VS The VTH ADDITIONAL DISTRICT JUDGE S. 13--- eviction petition--- Grounds of subletting and encroachment---Default of payment of rent not alleged in the pleadings---Verdict of the court in favour of landlord on non-pleaded ground---Scope---Petitioner submitted that the Appellate Court had given a verdict regarding non-pleaded default, which was not lawful---Respondent contended that the default had taken place after filing of eviction petition when they stopped payment of rent---Validity---Admitted position was that in the eviction application there was no allegation of default as such, there was no prayer of eviction on account of default---Petitioners did not pay or deposit the rent after filing eviction petition and failed to deposit the rent in the court even under protest which they could have done to substantiate their claim of ownership---In such a situation, not only technically but also actually a default had taken place, and court could take judicial notice of the same especially when the tenant willfully denied the relationship and such denial could not sustain under the law.