Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 15

Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Ejectment petition---Rent enhanced by court order---Default in payment of rent---Deposit of rent in court by tenant without refusal of landlord to accept the same or sending same to him through money order---Effect---Rent might be sent to landlord by money order or deposited in court only after his refusal or avoidance to accept same---Tenant once having defaulted in payment of rent would be liable to eviction notwithstanding subsequent payment of arrears of rent---Tenant had not produced documentary proof about refusal of landlord to accept rent himself or through money order---Tenant had committed such default---Ejectment petition was accepted in circumstances. Hakim Abdul Latif v. Abdul Fazal Abdul Hannan 1986 MLD 2975; Feroze Ahmedv. Mst. Zehra Khatoon 1992 CLC 735 and Muhammad Asif Khan v. Sheikh Israr2006 SCMR 1872 rel. THIS ORDER PASSED BY: HABIB-UR-RAHMAN SHAIKH, JUSTICE:---.--- Through this Constitutional Petition, the petitioner has challenged the order dated 11-2-2010 passed by the learned VIIth Additional District and Sessions Judge, Karachi South in F.R.A. No.83 of 2007 whereby the learned Appellate Court dismissed the Appeal of the appellants/petitioners, which was filed by the appellants/petitioners against the order dated 15-2-2007 passed by the learned IIIrd Rent Controller, Karachi South wherein ejectment of the petitioners was allowed from the premises in question. Brief facts of the case as per petitioners are that the respondent No.1 is the landlord of the premises in question in which a Shop bearing No.17, State Life Building No.8, Dandas Street, Abdullah Haroon Road, Saddar, Karachi was let out to the father of the petitioners at the rate of Rs.750 per month besides other charges. The respondent No.1 filed a Rent Case bearing No.1065 of 2004 before the learned IIIrd Rent Controller, Karachi South for ejectment of the petitioners from the demised premises, which was allowed. The said order was challenged by the petitioners in F.R.A. No.83 of 2007, which was dismissed by the learned VIIth Additional District and Sessions Judge, Karachi South. Hence this Petition. It is, inter…

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