631/2010 Const. P. Shamim Begum (Petitioner) V/S Azizul Hasan Khan & Ors (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar(Author)
Order Date: 08-FEB-19
Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 15 & 18---Ejectment of tenant---Change of ownership---Denial of relationship of landlord and tenant by the tenant---Default in payment of rent---Expression "or by such other mode" in S.18, Sindh Rented Premises Ordinance, 1979---Scope---Agreement of sale---Scope---Landlord purchased demised premises through sale agreement and requested the tenant for payment of rent to him---Tenant did not pay rent to the new owner---Eviction petition was moved for personal use and on the ground of default in payment of rent---Contention of tenant was that she had purchased the demised premises from its previous owner through agreement of sale---Eviction petition was accepted concurrently---Validity---Previous Landlord had an agreement of sale and registered general power of attorney in his favour executed by the original owner---Landlord had even authority to sell and mortgage the demised premises on the basis of registered irrevocable general power of attorney---Tenant had only an agreement of sale the execution of which had been denied by the original owner---Tenant had not filed suit for specific performance of agreement to sell to get such denial declared false and got her title perfected through due process of law---Agreement to sell in favour of tenant had been disputed by the original owner of demised premises---Landlord had discharged his burden to prove the relationship of landlord and tenant---Tenancy on service of notice under Section 18 of Sindh Rented Premises Ordinance, 1979 on the tenant was created by operation of law---Landlord was entitled to claim eviction of tenant on the ground of default as well as personal need---Use of phrase "or any other mode" in Section 18 of Sindh Rented Premises Ordinance, 1979 in favour of new owner did cover transfer of property by registered irrevocable power of attorney duly registered with Registrar of property when such power was coupled with sale agreement showing consideration---When tenant had claimed ownership on the basis of mere sale agreement and he/she had failed to establish the same then default stood proved in favour of landlord---Tenant was directed to vacate the demised premises within thirty days---Constitutional petition was dismissed in circumstances. Rahmatullah vs. Ali Muhammad and another 1983 SCMR 1064 and Iqbal and 6 others v. Mst. Rabia Bibi and another PLD 1991 SC 242 distinguished.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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