Law:

Section:

(a)  Sindh Rented Premises Ordinance (XVII of 1979)

----Ss. 10, 15 & 18---Ejectment of tenant on ground of default in payment of rent---Modes of payment of rent---Tenant had deposited rent in the name of former landlady before service of notice of change of ownership---Effect---Two modes for payment of rent by tenant were provided; one by postal money order and the other by deposit with Rent Controller---Such modes for payment of rent, however, did not imply exclusion of evidence either ocular or documentary as to any other mode of payment e.g., by hand or by cheque etc.---Mere fact that postal money orders did not bear the endorsement of "refused" on them, would not entitle Rent Controller to brush aside evidence on factum of payment of rent by tenant---Tenant having deposited rent in the name of former landlady before service of notice of transfer of ownership of premises in question, he could not be deemed to have defaulted in payment of rent---Even if mopey orders sent by tenant to landlady be disregarded there was only default of one month for which Rent Controller ought to have exercised his discretion in favour of tenant---Rent Controller also overlooked the statement of landlady to the effect that she did not know if tenant had committed default in payment of rent---Default on, part of tenant having not been proved, finding of Rent Controller on that count was set aside. [p. 4551 A