ANISUR REHMAN Versus CUSTODIAN, ENEMY PROPERTY

1. This appeal is directed against the judgment dated 31st October, 1987 passed in Rent Case No.98/1987 by VIth Senior Civil Judge and Rent Controller, Karachi (South) whereby Qazi Abdul Rehman, the tenant of shop bearing No.42 situated in Sugan Mansion on survey No.R.B.9/2 Sheet No.2/1, 2 and 3 Karachi has been ordered to be ejected on the ground of default in payment of rent.

2. The property in question is claimed to be vesting in the Custodian for Enemy Property for Pakistan and one Qazi Abdul Rahim who was sitting tenant of the premises in question had committed default in payment of rent with the result that the Custodian of Enemy Property filed an application under Section 15 of the Sind Rented Premises Ordinance, 1979 for his ejectment.

3. During the trial of the case before the Rent Controller tenant Qazi Abdul Rehman could not be served and therefore substituted service was ordered and in spite of that no appearance was made by him and the Rent Controller ordered to proceed ex parte. Ultimately ex parte order for his ejectment was passed which is impugned in this appeal.

4. Initially the present appeal was filed by one Qazi Anisur Rehaman s/o Qazi Abdul Rehman who stated that his father Qazi Abdul Rehman the original tenant died on 20-11-1986 in Karachi and in support of his such contention death certificate was attached with the memo. of appeal. It is further stated that on the death of his father the appellant came to be in possession of the premises in question and therefore he as an aggrieved person had filed present appeal. Subsequently a list of legal heirs of Late Qazi Abdul Rehman, in all being 15, was filed and the case has come up for regular hearing today. The death of original tenant Qazi Abdul Rehman is not disputed by the respondent in view of the death certificate and affidavit filed by the appellant Under the circumstances it is established that original rent case was filed against a dead person.

5. Mr. Abdul Khair Ansari, Advocate appearing for the respondents in this appeal points out that at no stage before the filing of the original rent case any information was conveyed to the respondents that in fact Qazi Abdul Rehman had expired. It is conceded by him that under the circumstances original rent case, was not maintainable and order of ejectment could not be passed.

6. In view of above the appeal is accepted and order mentioned above is set aside. The respondent i.e. Custodian Enemy Property will be free to file either fresh application or amend the original application by impleading all the Legal Heirs of the deceased tenant as they may be advised.

7. M.Y.H./A-583/K

8. Appeal accepted.