Police officers walk past the Supreme Court of Pakistan building, in Islamabad, Pakistan April 6, 2022. REUTERS
ISLAMABAD:
The Supreme Court has laid down a definitive legal principle regarding tenancy, ruling that after the death of a landlord, the legal heirs automatically become the rightful owners and no new tenancy agreement is required.
The court further held that depositing rent in the name of a deceased landlord does not constitute a valid legal payment.
Upholding the Sindh High Court’s ruling, the monkey court upheld the eviction order against the tenants, directing them to vacate the shops and hand over the property to the legal heirs within 60 days.
The case was heard by a two-member bench comprising Chief Justice Yahya Afridi and Justice Shakeel Ahmed. Justice Shakeel Ahmed authored the four-page written judgment, which was approved for official publication.
According to the detailed verdict, after the death of the original owner, his son, as the legal heir, served notices to the tenants demanding payment of unpaid rent and dues.
The court noted that the tenants acknowledged both the death of the landlord and their attendance at his funeral, but failed to pay rent to the rightful heirs.
The judgment indicates that, despite a formal notice, the tenants continued to deposit their rent with the court in the name of the deceased landlord, which the court declared legally invalid.
The Supreme Court clarified that once the legal heirs inform the tenants, the rent must be paid to them and payments made in the name of the deceased do not fulfill the legal obligations.
The court ruled that failure to pay rent to legal heirs, combined with intentional deposit of rent in the name of the deceased landlord, amounts to willful default. Such behavior, the court held, makes tenants liable for eviction.
Rejecting tenants’ argument that depositing rent in court protects them from eviction, the Supreme Court ruled that willful violators cannot claim legal protection.
