Raja SALEEM AKHTAR vs HABIBULLAH and others
This petition for leave to appeal arose from an ejectment application filed by the respondent-landlords against the petitioner-tenant on the grounds of default in payment of rent, nuisance, and personal requirement. The Rent Controller ordered the petitioner's eviction, and the High Court of Sindh subsequently dismissed the petitioner's appeal. Before the Supreme Court, the petitioner contended that no relationship of landlord and tenant existed between the parties and that no default had been committed as rent was tendered via money order and deposited in court following the refusal of rent receipts. The Supreme Court observed that the respondents, being the legal heirs and attorney of the property owner, were fully entitled to collect rent and fell within the definition of 'landlord' under Section 2(f) of the relevant rent ordinance. Consequently, the High Court was justified in finding it unnecessary to frame a specific issue or record a formal finding on the landlord-tenant relationship. Finding no merit in the petition, the Supreme Court dismissed it.
- Whether the legal heirs or attorney of a property owner fall within the definition of 'landlord' entitled to file an ejectment application under the rent laws?
- Is it necessary for the Rent Controller to frame a specific issue on the landlord-tenant relationship where the applicants' legal authority to collect rent is established on record?
- Section 2(f), Sindh Rented Premises Ordinance 1979
ORDER
' MIAN BURHANUDDIN KHAN, J.-- The petitioner is a tenant of the premises Flat No,1 situtated on First Floor, Post Office Building, Central Commercial Area, P.E.C.H.S., Karachi at a monthly rent of Rs,350.
An ejectment application was filed by the respondents before the Rent Controller, Karachi on the ground of default in payment of rent since 1-7-1976; for creating nuisance in the neighbourhood and for personal need. The learned Rent Controller ordered the ejectment of the petitioner vide judgment, dated 28-2-1982. An appeal was preferred it the Sind High Court which was dismissed vide the impugned judgment.
2. The learned counsel for the petitioner before us contended that there was no relationship of landlord and tenant between the parties and about this very important point the petitioner had made a categorical averment in his written statement. He further contended that there was no default in the payment of rent as the petitioner demanded receipt for the payment of rent but the landlord refused to give any receipt for the rent and insisted upon the enhancement of the monthly rent. The petitioner, therefore, remitted the rent for July and August, 1977 through money order which was refused by the landlord. Consequently, the petitioner started depositing the monthly rent in the Court vide Miscellaneous Rent Application No,3186/77.
3. From the impugnment judgment of the High Court we find that the petitioner had agitated one point before the learned High Court Judge and that was with regard to the relationship of landlord and tenant between the parties as has been mentioned in paragraph 6 of the judgment. In paragraph 10 the learned Judge has dealt with the argument raised before us in the manner that the two respondents were the sons of Ghulam Muhammad. Ghulam Ahmad is dead and all the three respondents are his legal heirs and entitled to collect rent in respect of the disputed premises and hence they are landlords within the meaning of section 2 (f) of the Ordinance. In these circumstances the learned Judge considered that it was not necessary to frame any issue or record a formal finding on the question of relationship of landlord and tenant between the parties.
4. The learned counsel, however, contended that the landlord is alive and could be produced in Court. Even then it would not help him because if the landlord is alive it is admitted that one of the respondents is attorney of his father and used to collect the rent and the respondents were thus entitled to file the ejectment application. Hence, we find no merit in this petition which is, consequently, dismissed.