2010 PLD 56 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD AFZAL NAJEEB VS Mst. AYSHA KHANNA 1994 MLD 2162, 1999 CLC 917, 2001 SCMR 1140, 2004 CLC 582, PLD 1993 Lahore 121, Cantonments Rent Restriction Act 1963--17-A , Cantonments Rent Restriction Act 1963--17 , Ejectment of Tenant--TERM , Ss. 17 & 17-A---Ejectment of tenant---Default in payment of rent---Deposit of rent in court---Change of ownership---Notice to tenant---Scope---Tenant had started depositing rent directly with Rent Controller without First tendering the same to landlord---Plea raised by tenant was that no notice of change of ownership had been given to him after the death of owner of premises, therefore, he had been depositing rent with Rent Controller---Validity---Legal heir of deceased landlady attained status of statutory landlady and requisite relationship had immediately emerged on the occurrence of the death (of original owner)---Tenant could not be said to have committed default in payment of rent, if notice under S.17-A of Cantonments Rent Restriction Act, 1963, had not been given by legal heir---If tenant on attaining knowledge of his own or being verbally apprised in such behalf started paying rent and thereafter defaulted in payment, such tenant could not take refuge on account of absence of notice---Rent Controller had rightly passed eviction order against tenant on the basis of default in payment of monthly rent---Appeal was dismissed in circumstances.