2011 PLD 16 KARACHI-HIGH-COURT-SINDH

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RASHID AHMAD VS MUHAMMAD SHABBIR 2009 SCMR 70, 2010 SCMR 189, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Entitlement--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--19 , Sindh Rented Premises Ordinance 1979--2 , Ss. 2(f), 15 & 19---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---New landlord---Entitlement---During pendency of ejectment petition, despite selling the premises, previous owner had been pursuing ejectment proceedings---Rent Controller passed eviction order against tenant and lower appellate Court maintained the same---Validity---New owners were not `landlords' in terms of S.2(f) of Sindh Rented Premises Ordinance, 1979, when alleged default was committed by tenant and they had no right to recover monthly rent---Right to recover rent started from the date of change of ownership when new owners acquired title in the property and thereafter they would be entitled to approach the concerned Rent Controller to evict tenant, when he committed default in payment of rent payable to new owner and not for a period for which they were not even entitled to recover the rent---Landlord seeking ejectment of his tenant had to go through mandatory procedure prescribed under the provisions of section 19 of Sindh Rented Premises Ordinance, 1979---New owner did not pass through such procedure as the tenant had not committed default in payment of rent to then, therefore, they could not avail benefit of default, if any, committed by tenant during ownership of previous owner, without having recourse of law and procedure---No express covenant, clause or stipulation in conveyance deed executed by previous owner existed in favour of new owners, authorizing them to recover arrears of rent or prosecute litigation initiated by previous owner on the ground of default nor there was any separate assignment of authorization from previous owner---In absence of such authorization or assignment, action of new owners for ejectment of tenant could not sustain, therefore, order of eviction passed by two Courts below was without lawful authority and was set aside---Petition was allowed in circumstances.