1. MUHAMMAD AFZAL ZULLAH, CJ.---Leave to appeal has been sought by a tenant; against the acceptance by the High Court, of rent appeal filed by the respondent /landlord; whereby the dismissal of application for ejectment of the petitioner was brought under challenge.
2. The High Court has ordered petitioner's eviction on ground of default and has also held that notice under section 18 of the Sindh Rented Premises Ordinance, 1979, was not necessary as the petitioner had knowledge of what he was required to be intimated through notice under section 18.
3. The respondent purchased this shop in October, 1980. The petitioner was already a tenant under the previous landlord. The default period is from October, 1980 to July 1983. The main issues which remain to be resolved relate to: issuance of notice under section 18; in absence of any such notice, the knowledge of the petitioner almost contemporaneously, with the time of purchase by the respondent of the said purchase; and effect of the deposit of rent by the petitioner under section 10(3) of the Sindh Rented Premises Ordinance, 1979 as claimed by him in such manner as to leave no period of default.
4. It appears correct that the petitioner had gained some knowledge about the purchase by the respondent even during the time when the said transaction took place. In these circumstances it will have to be examined, notwithstanding the same, a formal notice under section 18 was necessary. It would also have to be examined: whether, the petitioner by making the deposits under section 10(3), did not remain liable to eviction any more, notwithstanding some technical defect in the said deposits. In this behalf it would also require serious examination: whether, the petitioner had not parted with the requisite amount of money with a desire to avoid eviction on ground of default; and if he did so; whether he was still liable to be evicted and whether discretion should not have been exercised in his favour. These and other related questions raised in the petition for leave to appeal require examination. Leave to appeal is, therefore, granted.
5. Security Rs.5,000.
6. The appeal shall be prepared on present record with direction to the parties to file all those documents which shall be necessary for disposal thereof.
7. Status quo to be maintained.