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1992 CLC 91

Mrs. FARIDA vs MOHSIN TAYYABALI and others

Citation1992 CLC 91
CourtSindh High Court
Case No.Civil Miscellaneous Application No,6815 of 1986 Suit No, 623 of 1981
Date1987-01-22
Judge(s)Saleem Akhter
ResultApplication allowed

ORDER

1. ' This is an application seeking permission that the defendant No,6 be allowed to change the tenancy in respect of goodown No,W.O.6/28 of which Fida Hussain is the tenant. It seems that the defendants have brought about this transaction for transfer of tenancy. The outgoing tenant seems to have accepted certain consideration for vacating the premises and paying part of the amount to the landlord on condition that Juma Shah the new tenant shall be inducted in the premises. Although in the application and in the affidavit the amount has not been mentioned Mr. Ghulam Muhammad Ebrahim Advocate stated at the bar that the tenant is willing to pay Rs,2,55,000 and the new tenant will pay rent of Rs,400 instead of Rs,150. The plaintiff has filed counter-affidavit stating that the rent of the premises is Rs,1000 to 1500 and Rs, ten lacs can be obtained for change of receipt and a considerable percentage of this amount is to be paid to the landlord. He has not mentioned the percentage. On query Mr. Sajad Halai Advocate stated that it would be between 40% to 50%. Mr. Saleem Karamfly Advocate for defendant No,5 has not filed counter-affidavit but has orally stated that the tenants usually pay 50% to the landlord. As no counter-affidavit has been filed I am not inclined to accept his statement. On the last hearing chance was given to both the parties to bring better offer but the plaintiff and the defendant No,5 have expressed their inability to procure any better offer due to the prevailing conditions. If we take statement made by defendant No,5 in his counter-affidavit as a basis it seems that the amount of rent and the consideration paid by the tenant seem to be reasonable. In these circumstances the application is allowed and the defendant No,3 shall account for all the benefits accruing from the change of tenancy.

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