Law: Sindh Rented Premises Ordinance, 1979

Section: 16 , 1, 2

P L D 1995 Karachi 217 Sindh Rented Premises Ordinance (XVII of 1979)-- ----S. 16(1)(2)---Striking off defence ---Application for striking off defence of tenant was filed by landlord on ground that tenant had deposited arrears of rent after one day of due date as given in tentative rent order-- -Held, rent should have been deposited strictly in accordance with order of Rent Controller and delay of even one day would not be condoned in ordinary course, but there should be special and extraordinary circumstances, if delay of even one day was to be condoned--- No hard and fast rule was for condoning delay and each case had to be decided on its own circumstances---Tenant was a heart patient and was taken to Institute for Cardio Vescular disease only four days prior to due date for depositing rent and was advised rest for ten days-- Tenant had filed medical certificate from the Institute and also had filed affidavit that no adult male family member was in his family except his wife who was a Pardanashin lady and a minor son aged 12 years only---Wife of tenant though was ignorant about the location of Court, but still she managed to reach there and got challan singed, but as Bank was closed due to late hours, she could not deposit rent on that day and deposited on next date---Contents of affidavits filed by tenant and his wife were not challenged by landlord by way of filing affidavit-in-rejoinder, which clearly showed that, plea of tenant was accepted by landlord as true--- Illness of tenant and ignorance of his wife were extraordinary and exceptional circumstances---Rent Controller, thus was justified in condoning delay of one day in depositing rent. [pp. 220, 2211 A & B Malik Shoaib Anwar v. Bashir Hussain Shami 1993 SCMR 535; Fasahat Ali v. Mst. Noor Jehan Begum 1991 CLC 1902; Mst. Noor Jehan Begum v. Syed Mujtaba Ali Naqvi 1991 SCMR 2300; Hussain Mahmood v. Zamir-ul-Haque 1986 CLC 1297; Pir Inayat Ali Shah v. Agha Muhammad 1982 SCMR 1195; Muhammad Jan v. Khadim Hussain 1973 SCMR 243; Gulzar Ahmed Pirzada v. Additional District Judge, Lahore 1982 SCMR 616; M. Nazir v. Shaukat Ali 1982 SCMR 985 and Hussain Mahmood v. Zamir ul Haque 1986 CLC 1297 ref. Date of…