Law: Sindh Rented Premises Ordinance, 1979

Section: 15

Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.15---Eviction of tenant---Grounds---Willful default in payment of rent and sub-letting--- Not established---Relationship of landlord and tenant, denial of---Concurrent findings were passed against the tenant---Contention of the petitioner/tenant was that he was not defaulter as he was depositing rent without any default and also paying bills accordingly---Validity---Admitted position was that there was no mutual written agreement between the parties for the payment of rent---Case of the respondents Nos. 1 and 2 (co-owners of rented property was that the petitioner (tenant) defaulted in payment of monthly rent from July, 2009; as such the period stipulated under S.10(1) of the Ordinance would have expired on 10.08.2009---Default within the purview of S. 15(2)(ii) of the Ordinance, would arise if the tenant fails to pay, in the absence of mutual agreement between the parties regulating the terms and condition for payment of rent, within sixty days after the rent has become due for payment---In the present case, the due date was 10.08.2009; therefore, the alleged default would have arisen on 10.10.2009---Stance of the petitioner was that respondent No.2 refused to receive the rent for the month of July, 2009, malafidely demanding vacant possession of the rent premises; hence, having no alternative he sent the rent through money order, dated 29.09.2009, which was refused by respondent No.2; hence, the petitioner tendered the rent to respondent No.2 within stipulated period when it was due i.e. 10.08.2009 and, thereafter, he filed rent case on 10th October 2009, which was again within stipulated period; the same was granted by the Rent Controller on 12th October 2009 and on the very next day when Ledger Number was allotted, the petitioner deposited monthly rent in the Court of Rent Controller; hence, the petitioner could not be held to be a defaulter in payment of monthly rent---Findings of the Courts below on the point of default in payment of monthly rent by 12 days being against the law and facts were not sustainable in law---Controller had also allowed the subject rent application on the ground of…

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