Law: Sindh Rented Premises Ordinance, 1979

Section: 13

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ---.13---Eviction petition---Default in payment of rent--cope/tenants assailed acceptance of eviction petition of landlord by the courts below on the ground of default in payment of rent---Case of landlord was that the tenants had failed to pay the rent for the month of March and April 2004 while the tenants had produced money order receipts in which they themselves had written that they were sending rent for 6 months from May 2004 to October 2004---Validity---Held, prima facie, no illegality existed in the concurrent findings of the two courts below while answering the question of default because legally the tenant could not take an exception to his obligation in payment of the rent in the manner as provided by law or as agreed between the parties---Tenant had failed to make out a case for interference into concurrent findings of two courts below, hence constitutional jurisdiction of High Court could not be exercised which, otherwise, was not only limited but could only be exercised in exceptional circumstances which were lacking---Constitutional petition was dismissed. PLD 1980 SC 298; 2005 CLC 3; PLD 1990 SC 681; 2001 SCMR 1888; 1991 MLD 1393; 2012 SCMR 177; PLD 2008 Kar. 205; PLD 1990 SC 389; 1987 SCMR 1313; 1998 MLD 903; 1993 SCMR 207; 1993 MLD 1817; 2006 SCMR 1872; 1999 MLD 3312; 1995 CLC 1351; 1994 SCMR 1900; 2008 YLR 10; 2015 CLC 310; 2017 CLC 656; 2017 CLC 112; 1985 CLC 34; 1990 CLC 1324 and 1983 CLC 1451 ref. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ---.13---Eviction petition---Default in payment of rent--cope---Held, it shall always be the duty of the tenant to pay or at least tender the rent to the landlord and he cannot be allowed to plead that the landlord did not make any effort to collect the rent---Mere fact that a tenant has made it a habit not to pay the rent unless the landlord comes and collects it, does not absolve him from paying the rent every month. Muhammad Amin Lasaia v. M/s Ilyas Marine and Associates and others PLD 2015 SC 33 ref. (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ---.13---Eviction petition---Default in payment of rent---Burden of…

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