Law: Sindh Rented Premises Ordinance, 1979

Section: 10 , 15 , 18

Sindh Rented Premises Ordinance (XVII of 1979)--- ---- Ss. 10, 15(2)(ii) & 18 --- Default in payment of rent --- Original landlord who filed ejectment application against tenant having died during pendency of ejectment application, legal heirs of deceased landlord intimated tenant about death of original landlord serving notice under S.18 of Sindh Rented Premises Ordinance. 1979 ---Tenant who was depositing rent in name of original landlord in the office of Rent Controller, continued depositing., rent in the name of original landlord despite receiving intimation about his death --- Tenant after receiving intimation about death of original landlord should have tendered rent to legal representatives of deceased ---Depositing rent in Court in name of original landlord despite knowing about his death, was not valid tender of rent-- Tenant, thus had committed default in payment of rent. Suleman and another v. M.A. Malick 1988 SCMR 775; Sarwar Abbas v. Mst. Hajrabai and 4 others 1983 CLC 337; Feroze Ahmed v. Mst. Zahra Khatoon 1992 CLC 735 and Munawar Hussain v. Badiul Hassan 1992 CLC 2495 ref. S.M. Akhtar Rizvi for Appellants. Nemo for Respondent. Date of hearing; 16th April, 1996. JUDGMENT This is an appeal under section 21 of Sindh Rented Premises Ordinance, 1979 hereinafter called the Rent Ordinance directed against an order dated 30-4-1991 passed by learned Senior Civil Judge and IIIrd Rent Controller, Karachi West in Rent Case No.717 of 1988 (Mst. Zubaida Begum and 3 others v. Muhammad Muslim) whereby an application under section 15(2) of the Rent Ordinance for ejectment against respondent predecessor-in-interest was filed in respect of the Shop No.8 on Plot No.M-11-E/612, Shershah Colony, Shershah Road, Karachi, which was on the rent at the monthly rent of Rs. 70 as per agreement of tenancy dated 16-9-1993 on the ground   of default in the payment of rent from February, 1988 till the - filing of ejectment application on 24-10-1988 which was disallowed hence the present appeal. Brief facts of the case are that the predecessor-in-interest of the appellants filed First Ejectment Case No.968 of 1970 against the predecessor-in -interest of respondent in…