ISLAMABAD
Supreme Court (SC) has maintained following the death of the owner , the legal heirs will be automatically considered owners and there will be no need of a new rent deed. SC has upheld Sindh High Court (SHC) decision. SHC had ordered tenants to vacate the shops and hand over them to the owners within 60 days. A two members bench of SC comprising Chief Justice of Pakistan (CJP) Yahya Afridi and Justice Shakil Ahmad heard the appeal plea filed against this decision of SHC. Justice Shakil Ahmad issued 4-page written decision. The SC decision said that the son demanded rent and outstanding rent from tenants through legal notice following the death of real owner.
The tenants acknowledged the death of owner and their participation in his funeral but they did not pay rent to legal heirs.
The tenants continued to deposit rent in the court in the name of deceased owner instead of paying it to the legal heirs.
It was said in the decision the legal heir filed eviction plea against the tenants on non payment of the rent.
The tenants were of the view they are immune from eviction after depositing the rent in the court.
According to SC depositing the rent in the name of deceased owner in the court is not considered payment as per law.
Not paying the rent to legal heir and depositing it in court in the name of deceased owner is a deliberate default. The tenants who defaulted deliberately on payment of rent are responsible for eviction.
