Law: Sindh Rented Premises Ordinance, 1979

Section: 2 , 15

P L D 1995 Karachi 179 First Rent Appeal No.284 of 1992, decided on 29th January, 1995. ` Sindh Rented Premises Ordinance (XVII of 1979)-- ----Ss. 2(f) & 15---Relationship of landlord and tenant--- Proof--- Landlord means owner of premises and includes any person for the time being authorized or entitled to receive rent in respect of premises in question-- Respondents in the past had admittedly paid rent to appellants--- Eviction application having been filed by both the appellants and they being admittedly joint owners, no objection could be taken to their ownership of premises in question---Respondent in his cross-examination had admitted that appellants were landlords and respondents were their tenants---Relationship of landlord and tenant was thus, proved in circumstances. [p. 1821 A Sindh Rented Premises Ordinance (XVII of 1979)-- ----S. 15--- Default in payment of rent ---Proof--- Acceptance of rent in lump sum-- -Respondents had claimed that appellants used to accept rent in lump sum but no agreement to that effect was produced in proof of such assertion-- Respondents' claim that they had sent cheque of lump sum amount comprising three months' rent, was admittedly never received by appellants--- Respondents being tenants were under legal obligation to send rent to appellants (their landlords) in time and not to wait and send cumulative rent of several months after interval of many months---Default in payment of rent was proved and respondents were proved to have committed wilful default in .Payment of rent---Respondents were directed to hand over vacant possession to appellants in circumstances. [pp. 184, 18$1 B & C Mst. Hajiani Aisha and others v. Abdul Waheed PLD 1989 SC 489; Haji Muhammad Oasim v. Mehran Ali 1983 SCMR 1205 and Malka Begum v. Mehr Ali Hashmi 1984 SCMR 755 rel. Usman Ghani v. Gulzar Ahmad 1987 CLC 1753; Amina Begum v. Iqbal Hussain 1988 CLC 1816; Muhammad Rafique Chaudhary v. Abdul Hamid and 3 others 1988 SCMR 1385; Ghulam Muhammad Dossul v. Muhammad Hussain 1987 CLC 1799; Abdul Latif v. Munir Ahmad PLD 1987 Kar. 460 and L. Hussain v. Muhammad Nawab and 4 others PLD 1992 Kar. 307 ref. Date of hearing: 18th September,…