Law: Sindh Rented Premises Ordinance, 1979

Section: 10(3),15

Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 10(3) & 15---Ejectment petition---Willful default---Deposit of rent in the office of Rent Controller---Claim of ownership by tenant through unregistered sale deed on expiry of rent agreement---Validity---Default had been proved by the conduct of tenant when he chose to deposit rent in the office of Rent Controller instead of first tendering it to the landlord---No documentary proof with regard to sale transaction between landlord and tenant was available---Tenant was directed by the High Court to vacate the rented premises---Constitutional petition was dismissed accordingly. Messrs John Traders and 3 others v. Ahmed Ali 1986 CLC 561; Mst.Yasmeen Khan v. Abdul Qadir 2006 SCMR 1501 and Muhammad Sharif v. Vth Additional District and Session Judge (Central) Karachi 2011 SCMR 369 ref. Muhammad Asif Khan v. Sheikh Israr 2006 SCMR 1872 rel. THIS JUDGMENT DELIVERED BY: AFTAB AHMED GORAR, J.--- This judgment is directed against the impugned order dated 19.05.2017 delivered by the court of learned III-Additional District Judge, Karachi [East] in F.R.A No. 128 of 2015 Re. Yousuf Ali v. Muhammad Fayyaz whereby order dated 21-09-2015 delivered by learned court of V-Rent Controller Karachi [East] in Rent Case No. 92 of 2012 Re.Muhammad Fayyaz v. Yousuf Ali was affirmed. 2. Necessary facts leading to the present petition are that petitioner was inducted as tenant in respect of tenement bearing No.7, located on Ground Floor "ARFAT CORNER" constructed over Plot No.A-649, Block-3, KDA Scheme No.24 Gulshan-e-Iqbal Karachi at the monthly rent of Rs.11,000/= vide a tenancy agreement executed between the parties dated 01.01.2011 against the security deposit of Rs.100,000/=; the said tenancy agreement as alleged was expired on 30.11.2011; respondent No.1 made several requests to the petitioner to vacate tenement instead of vacating tenement respondent No.1 tried to tender rent through money order and sent it to the respondent No.1 upon wrong address; thereafter petitioner failed to tender rent for the month of December, 2011 till todate; petitioner sensing situation instead vacating tenement went before the competent civil…

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