Law: Sindh Rented Premises Ordinance, 1979

Section: 15,15(2)(ii)

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Eviction of tenant---Ground of bona fide personal need of landlord---Landlord had failed to plead ground of personal need in the eviction application---Effect---Landlord, in circumstances, was not entitled to raise such ground for the first time in his evidence---Case set up in the pleadings could not be improved at the stage of evidence. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15(2)(ii)--- Eviction of tenant---Ground of default in payment of rent by the tenant---When available---Parties had agreed that monthly rent shall be payable by the tenant in advance on the 5th day of each calendar month---Obligation of tenant---Principals. The parties in the present case had agreed that monthly rent shall be payable by the petitioner in advance on the 5th day of each English calendar month. Clause (ii) of subsection (2) of section 15 of the Sindh Rented Premises Ordinance, 1979, deals with the ground of default as a ground for ejectment by providing that such ground would be available if the tenant has failed to pay rent in respect of demised premises within fifteen (15) days after expiry of the period fixed by mutual agreement between the landlord and the tenant for payment of rent. Therefore, in order to save himself from committing default, the tenant could have paid rent for the months of February and March 2014 latest by 20.02.2014 and 20.03.2014, respectively. However, rent for the said period was offered by him for the first time through money order admittedly in April, 2014 which showed that by that time he had already committed default in payment of rent for the months of February and March, 2014; and by depositing rent in Court on 08.05.2014, he was in default not only for the months of February and March, 2014, but also for the month of April, 2014. Mirza Abdul Aziz Beg v. Mushtaq Ahmed Sheikh 1980 SCMR 834; Muhammad Baqar Qureshi v. Mst. Razia Begum 1981 SCMR 18; Shezan Limited v. Abdul Ghaffar and others 1992 SCMR 2400 and Abdul Ghafoor v. Mst. Amtul Saeeds 1999 SCMR 28 ref. (c) Pleadings-- ----Evidence could not be allowed or led beyond the pleadings. THIS JUDGMENT…

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