Law: Sindh Rented Premises Ordinance, 1979

Section: 10 , 15(2)(ii)

  Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 10 & 15(2)(ii)---Default in payment of rent---Evidence on record had established that attorney and rent collector of landlord while going abroad instructed tenants to deposit rent in bank account of attorney in her absence and tenants continued depositing rent accordingly---On return from abroad attorney asked tenants that as she had no more bank account, tenants should pay monthly rent through cross cheques and drafts to one named Government Officer who not only was friend of landlord, but also was co-tenant and tenants following instructions of attorney paid rent accordingly --Said Government Officer himself appeared and supported version of tenants---On date of deposition said Government Officer had retired and otherwise he was not an interested witness---No reason existed for a man who had been Director of Information to depose falsely toy support tenants---Rent of premises having been paid by tenants according to instructions of attorney of landlord without making any default, tenants could not be said to be defaulter if they had not paid rent directly to landlord. Mrs. Zarina Khawaja v. Agha Mahboob Shah PLD 1988 SC 190 ref. Zahiruddin for Appellants. S. Marhar Imam for Respondent. Date of hearing: 25th April, 1993. JUDGMENT'' By this common judgment 1 will dispose of F.RA. No. 58/87, F.RA.No. 59/87 and F.R.A. No. 60/87 filed by lkramullah and two others, landlords against their tenants, namely Muhammad Tufail, Muhammad Khursheed and Mumtaz Ahmed respectively. The said landlords are aggrieved by common order dated 31-5-1986 passed by the   learned Controller, I West, Karachi, dismissing Rent Case No. 286/85, Rent Case No 2283/85 and Rent Case No. 2297/85 in which they sought eviction of their said tenants on the ground of default in payment of rent for the period from November, 1978 to February, 1979. The said rent cases were under section 13(2) of the West Pakistan Urban Rent Restriction Ordinance, 1959 in respect of three independent flats of a building on Plot No.2, 2nd Floor Block-4, Sub-Block-F, Nazimabad, Karachi at the monthly rent of Rs.350, Rs.400 and Rs.450…