ABDUL KADIR And Another vs MUHAMMAD YAQOOB

AJMAL MIAN, J.---(l) The petitioners through this petition seek leave to appeal against the judgment dated 20-11-1988, passed by a learned Single Judge of the High Court of Sindh: in First Rent Appeal No.222 of 1986, setting aside the order of the learned VIth Senior Civil Judge/Rent Controller, Karachi (West), passed in Rent Case No.179 of 1985 in respect of a, shop, granting the petitioners' Rent Case for ejectment on the ground of default.

The facts to be noted are that the petitioners filed aforesaid Rent Case for ejectment on the ground of default in payment of rent for the period from July, 1983 to December, 1983, which was resisted by the respondent. The learned Rent. Controller after recording of evidence and hearing of parties by his aforesaid order dated 6-4-1986 allowed the petitioners' above Rent Case and' directed the respondent to hand over the possession of the premises within 30 days. The respondent being aggrieved by the above order filed aforesaid First Rent Appeal No.222 of 1986, which was allowed by a learned Single Judge of the High Court of Sindh by his judgment dated 20-11-1988. The petitioners have, therefore, filed the above petition.

2. Mr. A. Aziz Khan, learned Advocate Supreme Court appearing for the petitioners has vehemently contended that the respondent after the receipt of a notice under section 18 of the Sindh Rented Premises Ordinance,. 1979 (hereinafter referred to as the Ordinance) on 6-11-1983 was bound to pay rent for the period commencing from July, 1983 to December, 1983 within 30 days from the date of the receipt of the above notice and as the respondent had failed and neglected to pay the same within the above period of 30 days, the High Court was not justified in reverting the finding of the learned Rent Controller. The above contention seems to be untenable as it is an admitted position that the respondent before the receipt of the above notice dated 6-11-1983 had paid the rent for the months of July and August, 1983 to the previous owner A. Latif and thereafter on 24-10-1983 deposited the rent for the period from September, 1983 to December. 1983 with the Rent Controller upon making a Misc. Application. This being so --there was no default in terms of above section 18 of the Ordinance.

3. Then it was contended by Mr. A. Aziz Khan that the above pervious landlord in fact offered to refund the rent for the months of July and August, 1983 to the respondent, which he declined to accept. In our view, the above factual assertion does not change the above legal position. Till the time the respondent was intimated under section 18 of the Ordinance about the change of ownership, he was obliged to pay the rent to his previous landlord and; therefore, the payment of the rent for the months of July and August, 1983 by the respondent to his previous landlord was in consonance with law. He was, therefore, not obliged to receive back the amount. The petitioner could have recovered the above amount from the previous landlord.

The petition has no merits and, therefore, it is dismissed.