----S.18---Change in ownership---Scope---Right to make a legal and lawful transfer cannot be an excuse to get a tenant declared defaulter by keeping such transfer of ownership under dark.

2021 C L C 976

Sindh Rented Premises Ordinance (XVII of 1979)---

----S.18---Change in ownership---Scope---Right to make a legal and lawful transfer cannot be an excuse to get a tenant declared defaulter by keeping such transfer of ownership under dark.

2021 C L C 976
[Sindh]
Before Salahuddin Panhwar, J
RIASAT KHAN----Petitioner
Versus
ARSHAD ALI BHUTTO and 2 others----Respondents
Constitutional Petition No.S-497 of 2019, decided on 25th August, 2020.

(a) Sindh Rented Premises Ordinance (XVII of 1979)---

----Ss.13 & 18---Eviction petition---Change in ownership---Scope---Petitioner claimed that he was landlord by virtue of sale deed of demised premises; that there was default on the part of tenant and that the premises was required for personal bona fide need---Courts below declined the ejectment application while holding non-existence of relationship of landlord and tenant---Validity---Reading of S.18 of Sindh Rented Premises Ordinance, 1979, was sufficient to conclude that there was no bar on transfer of ownership of premises even without consent of the tenant which did not relax the legal obligation of the tenant to pay timely rent to the known owner/landlord---Obligation to ensure information of such change of ownership was only to inform the tenant that he had to make payment to new/changed owner---Relationship of landlord and tenant existed between the parties---Findings of courts below were set aside---Case was remanded to the Rent Controller with direction to decide the issue in the matter afresh while accepting the relationship of landlord and tenant---Constitutional petition was disposed of accordingly.

Muhammad Nisar v. Izhar Ahmed Sheikh and others PLD 2014 SC 347; Shezan Ltd. v. Abdul Ghafoor and others 1992 SCMR 2400 and Hameed and 3 others v. Jitendra and 2 others 2010 CLC 561 rel.

(b) Sindh Rented Premises Ordinance (XVII of 1979)---

----S.18---Change in ownership---Scope---Right to make a legal and lawful transfer cannot be an excuse to get a tenant declared defaulter by keeping such transfer of ownership under dark.

Shezan Ltd. v. Abdul Ghafoor and others 1992 SCMR 2400 and Hameed and 3 others v. Jitendra and 2 others 2010 CLC 561 rel.

Javed Ahmed Abbasi for Petitioner.

Altaf Ahmed Shaikh for Respondent No.1.