Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 15(2(ii),15,15(2),15A

Law: Constitution of Pakistan, 1973

Section: 199

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15(2(ii)---Ejectment petition---Default in payment of rent of demised premises by tenant---Tenant's plea was that after refusal of landlord to receive rent for October and November, 2008 sent through money order on 27-11-2008, he deposited same in court on 6-2-2009---Validity---Default in payment of rent since October, 2008 as alleged by landlord's attorney during his evidence made the tenant liable to prove its offer to landlord personally and his refusal to receive same---Landlord's attorney had denied tendering of rent for disputed period through money order---Copies of money order coupons produced by tenant did not prove delivery thereof to landlord and his refusal to receive same---Tenant during cross- examination had admitted that rent sent through money order was for month of November, whereas he had failed to prove payment of rent for October, 2008---Tenant in his evidence had admitted not to have issued notice to landlord regarding deposit of rent in court---Deposit of rent from October, 2008 to February 2009 in court on 6-2-2009 would establish that rent for October, November and December, 2008 had been deposited beyond sixty days after same having become due---Tenant could not change mode of payment of rent without proving refusal of landlord to accept rent by tender or through money order, otherwise his such conduct would be termed as contumacious and would operate as an act of harassment---Ejectment petition was accepted in circumstances. Shahzad v. Mst. Kulsoom 2009 YLR 2166; Abdul Fayyaz Khan v. IIIrd Additional District Judge, Karachi South 2012 CLC 793; Javed Ahmad v. Muhammad Imran Malak PLD 2011 Isl. 30; Malak Muhammad Ramzan v. Messrs General Iron Stores and others 1995 SCMR 1125; Shakeel Ahmed and another v. Muhammad Tariq Farogh and others 2010 SCMR 1925; Raees Ahmed Pasha v. Kamaluddin and others 2004 MLD 587; Messrs F.K. Irani & Co. v.Begum Feroze 1996 SCMR 1178; Abdul Qadeer v. S. Azeemuddin Ahmad 1987 CLC 2347; Ghualm Nabi and another v. T. Ismail 2000 MLD 186; Mirza Yawar Baig v. Usman Ghani Chippa 1989 CLC 247 and Muhammad Amin v. Ghulam Muhammad Dossal 1987 CLC 1777…

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