Law: Sindh Rented Premises Ordinance, 1979

Section: 15

  Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15----Ejectment----Wilful default--Proof----Tenant alleged that the payment of rent by cheque sent through registered letter was denied by landlord  Where landlord denied to thave received the letter, the same should be proved by examining the postman of the beat or by leading some other evidence. Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.15----Default---Question of default is to be viewed in the light of the provision of S.15  Tenant having committed default within the meaning of S.15 same could not be wiped off by subsequent deposit of rent. 1972 SCMR 262 ref. Syed Irtiza Hussain Zaidi for Appellant. S. Mukhtar Hussain for Respondent. Date of hearing. 16th January, 1991 JUDGMENT This judgment will dispose of the above two F.R.As. as these appeals raise common question of law and facts and arise out of somewhat similar circumstances. The appellants are tenants in respect of separate tenements and the respondent is the landlady of the tenements. The facts leading to the filing of the above appeals are that the respondent is the landlady and owner of the building situated on Plot No.S.B.4/63, Won Hoffen Street, Saddar, Karachi and the appellants Mrs. Ameta Fernandas is the tenant in respect of plot situated on 2nd Floor of the said building at the monthly rental of Rs.32 and whereas appellant Mrs.Balbina Fernandas is the tenant in respect of a plot situated on 3rd Floor of the said building at the monthly rental of Rs. 50. The respondent filed separate eviction applications against the appellants. The case of the respondent, as set out to the eviction applications, is that the appellant in Appeal No.36/87 paid rent to her upto the month of January 1980 and the appellant in Appeal No. 37/87 paid rent upto the month of April, 1979 and thereafter avoided to pay the rent despite requests made to them in this behalf. The appellants committed a wilful default in payment of rent due to which they are liable to be evicted from the case premises under section 15 of the Smdh Rented Premises Ordinance, 1979 (hereinafter referred to as the Ordinance). The appellants filed separate…