ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C. P. No. S – 1132 of 2012

Date of hearing

Order with signature of Judge

Hearing of case

1. For hearing of main case

2. For hearing of CMA No.4030/2012 (U/S 199(iv))

19.10.2018

Mr. Moizuddin Qureshi, Advocate for the petitioners.

Mr. Ahmed Ali Shahani, Assistant Advocate General Sindh.

.-.-.-.-.-.-.-.-.-.-

Learned counsel has made an attempt to argue that the petitioners have become the co-owners of the property after the sad demise of their father, however, the rent is being deposited by the tenant only to one of their brother, who is not distributing the rent amongst all legal heirs. This is the only point that he has made in an attempt to argue. This petition arising out of proceedings under the Rent Ordinance, 1979. Insofar as petitioners’ share out of the rent is concerned, they can raise their grievance before Court having jurisdiction for the recovery of their share. Rent Controller cannot pass such order insofar as distribution of the rent received by one of the co-owner is concerned, being authorized to receive the rent in terms of Definition 2(f) of the Sindh Rented Premises Ordinance, 1979. Counsel, at this point, submits that petitioners will avail their remedy insofar as recovery of their share is concerned from the competent Court of law.

The petition as such is disposed of along with the listed application.

J U D G E

Abdul Basit