2012 YLR 83 KARACHI-HIGH-COURT-SINDH

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Syed ABID ALI VS MUHAMMAD SHAKIR HUSSAIN 1990 CLC 904, 2008 CLC 431, 2010 MLD 1543, Constitutional petition--TERM , Ejectment of Tenant--TERM , Power of Attorney--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--18 , Ss.15 & 18---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Change of owner---Tender of rent---Power of attorney---Previous owner informed the tenant about sale of premises but did not provide address of new tenant, therefore, tenant had been depositing rent in court---Attorney of landlord filed ejectment application against tenant on the plea of default in payment of rent---Rent Controller passed eviction order against tenant but Lower Appellate Court allowed the appeal on the ground that tenant did not commit default as new landlord did not send notice under section 18 of Sindh Rented Premises Ordinance, 1979---Validity---Purpose of execution of power of attorney was that when it was demanded by a third person, the attorney was bound to show to him, in order to demonstrate that he was authorized by the owner, to act as attorney on his behalf---Without showing copy of power of attorney, no legal obligation was created on the tenant to treat a stranger not as owner or attorney of the owner---Even if tenant came to know about address of person who claimed to be the attorney of owner, unless he demonstrated through documents that he had been authorized to collect rent on behalf of owner, no legal obligation was created on tenant to pay rent to such person---No power of attorney having been shown to tenant, Lower Appellate Court has rightly allowed the appeal on the ground of no default in payment of rent---High Court declined to interfere with the findings of Lower Appellate Court---Petition was dismissed in circumstances.