Law: Sindh Rented Premises Ordinance, 1979

Section: 5 , 15

  Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 5(1) & 15(2)(ii)---Default in payment of rent---Landlord earlier filed ejectment application on ground of default in payment of rent, but during pendency of the ejectment application parties entered into a new tenancy agreement whereby rent of premises was enhanced---Landlord, in view of new agreement withdrew earlier ejectment application---Tenant despite execution of new tenancy agreement failed to pay enhanced rent of premises according to new tenancy agreement and instead challenged validity of new tenancy agreement contending that same was not binding on parties as it was neither registered nor signed and attested by Rent Controller, Civil Judge or Magistrate as provided under subsection (1) of S.5 of Sindh Rented Premises Ordinance, 1979-- Contention of tenant was repelled in view of the fact that provisions of subsection (1) of S.5 of Sindh Rented Premises Ordinance were merely directory as no penalty had been provided in case of its non-compliance---Tenant by not paying rent of premises according to new tenancy agreement had committed default in payment of rent and was rightly ordered to be ejected on that ground '`by Rent Controller. Mst. Najma v. Tariq Qadeer Khan 1988 CLC 1312 ref. Muhammad Shafi, Advocate. Zafar Iqbal Dutt, Advocate. -. Dates of hearing 12th and 13th November, 1996. JUDGMENT This appeal is directed against the order dated 9-5-1991 passed by the III-Rent Controller, Karachi (West) in Rent Case No.578 of 1988 directing the appellant's eviction from the premises in question. The above rent case was filed by the respondent landlord for the eviction of the appellant tenant from the rented premises measuring about 2464 sq. feet situated on the first floor of the building known as Hakimsons, West Wharf Road, Karachi, on the ground of default in the payment of rent. Earlier too the respondent had filed a   rent case for the eviction of the appellant on the ground of default in payment of rent, being Rent Case No. 16 of 1985, but, during the pendency of that case, the parties entered into a new tenancy agreement dated 31-12-1986 whereby the rate of rent was…