Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 10(2),10(3)

Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 10(2),10(3)

Law: Constitution of Pakistan, 1973

Section: 199

(a) Sindh Rented Premises Ordinance (XVII of 1979)-------Ss. 10(2) & 10(3)---Constitution of Pakistan, Art.199---Constitutional petition---Payment of rent---Procedure---Deposit of rent in court---Scope---Mandatory obligation of tenant to first offer rent directly to landlord before depositing the same in court---Ejectment of tenant (respondent) was sought on grounds of default in payment of rent and personal bona fide need of landlord (petitioner)---Tenant contended that he had deposited the rent in court within the prescribed period by law and that during pendency of case another apartment owned by landlord fell vacant but same was not occupied, therefore, personal need of landlord was not established---Landlord contended that tenant did not offer rent directly to him and straightaway deposited the same in court---Validity---Tenant was under an obligation to tender rent directly to landlord, which emanated from section 10(2) of Sindh Rented Premises Ordinance, 1979---Said obligation could not be termed as directory but was mandatory and condition precedent for continuation of tenancy rights---Course to remit rent through money order or depositing the same in court was to be adopted only when the landlord refused to accept the rent---If rent deposited in court, without it first being offered to the landlord, was accepted as valid tender then it would cause tremendous inconvenience to the landlord and would create hurdles in the timely receipt of monthly rent, which could not be permitted---Tenant, in the present case, had committed default in the payment of rent by not offering the same directly to the landlord---Another apartment had fallen vacant in the same building, personal need of landlord in such a case, would not be treated as bona fide unless it came on record that vacant premises was not suitable or was insufficient for the needs of the landlord---Constitutional petition was allowed and tenant was given six months' time to vacate the premises and hand over its vacant possession to the landlord. 2001 SCMR 1140 rel. PLD 1993 Kar. 50; 2008 CLC 1499 and 2008 CLC 1598 ref. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ---Ss. 10(2) &…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492