2010 CLC 561 KARACHI-HIGH-COURT-SINDH

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HAMEED VS JITENDRA 1992 SCMR 1170, 1997 SCMR 567, 2002 SCMR 429, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--18 , Ss. 15 & 18---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant---Default in payment of monthly rent---Relationship of landlord and tenant, denial of---After death of landlord, his legal heirs sent notice of change of ownership and tenant instead of paying rent to legal heirs, refused to accept them as landlord---Both the Courts below concurrently passed eviction order against tenants---Validity---Predecessor-in-interest of petitioners was inducted by predecessor-in-interest of respondents, as tenant in premises and after the death of landlord, his heirs had become owners of premises---Denial of relationship of landlord and tenant with heirs of landlord amounted to contumacious denial of such relationship making petitioners liable for eviction straightaway as in such circumstances rent was not tendered to new landlords when they became owners---Even otherwise rent from August, 1987 to October 1988, was deposited in Court on 12-11-1988, therefore, default of 12 months had already been committed when rent was deposited in Court---High Court in exercise of Constitutional jurisdiction did not find any justification to interfere in concurrent findings of both the Courts below---Petition was dismissed in circumstances.