Law: Sindh Rented Premises Ordinance, 1979

Section: 15

Sindh Rented Premises Ordinance (XVII of 1979)--- S. 15(2)(vii) --- Bona fide, personal need of landlord --- landlady seeking ejectment of tenant on ground of her personal need had fully proved by producing evidence that she alongwith her large family was residing in a rented flat which was not sufficient for her needs --- Veracity of witnesses produced by landlady was not shaken in cross-examination --- Personal bona fide need of landlord in respect of premises in dispute having been fully proved, contention of tenant that landlady had failed to prove in good faith her requirement in respect of premises in dispute, had no merits and substance. 1992 SCMR 1153; 1993 CLC 148; 1990 CLC 340, 1990 CLC 706; 1991 CLC 80; 1991 CLC Note 196 at p.152; 1995 MLD 1471; 1993 MLD 2558; 1993 CLC 662; 1992 CLC 735; 1992 CLC 2495; KhawaJa Intran Ahmad's case 1992 SCMR 1553; Nikhat Riaz's case 1991 SCMR 1434 and Syed Aqil Ali's case 1991 CLC 1884 ref. Sindh Rented Premises Ordinance (XVII of 1979)--- ---- Ss. 10 & 15(2)(ii) --- Default in payment of rent --- Tenant continued depositing rent in office of Rent Controller despite the fact that landlord had never refused to receive rent --- Landlord served notices upon tenant to tender rent direct to him, but tenant continued depositing rent in Office of Rent Controller --- Effect -- Action of tenant was to cause hardship and difficulties to landlord which in law could not be termed to be due tender of rent" ---Tenant who had failed to tender rent as provided under law, had committed default in payment of rent in circumstances. Noor Muhammad v. Mehdi PLD 1991 SC 711; Feroze Ahmed v. Mst. Zehra Khatoon 1992 CLC 735 and Munawar Hasan v. Badiul Hassan 1992 CLC 2495 ref. Mirza Waqar Hussain for Petitioners. Farooq Hashim. for Respondent. Date of hearing: 14th April, 1996. JUDGMENT This is an appeal under section 21 of the Sindh Rented Premises Ordinance, 1979 (hereinafter called Rent Ordinance J directed against an order dated 23-9-1991 passed by learned IVth Senior Civil Judge and Rent Controller, Karachi-South, in 'Rent Case No.267 of 1988, Mst. Nargis Khartum v. Mrs. Ram Lal whereby an application under  …