Law: Sindh Rented Premises Ordinance, 1979

Section: 15 (2)(ii)

  Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15 (2)(ii)---Default in payment of rent---Tenant, admittedly had defaulted in payment of rent of premises for 10 months---Tenant who was required to prove that such default on his side was `not intentional' failed to produce any evidence in. that respect---Tenant, in circumstances, had been proved to have committed wilful default. Shaikh Abdus Sattar v. Malik Muhammad Afzal and others PLD 1985 SC 1418; Meharban Ali v. Haji Muhammad Qasim PLD 1976 Lah. 1052; Abdul Rashici v. Saleh Muhammad 1980 SCMR 506; M/s. Tar Muhammad Janoo & Co. v. Taher Ali and others 1981 SCMR 93; Haji Muhammad Qasim v. Mehau'ban Ali 1983 SCMR 1205; Mrs. Alima Ahmed v. Amir Ali PLD 1984 SC 32; Anmir Ali and others v. Burma Oil Mills Ltd. 1990 SCMR 1327; Mst. Hajiani Aisha and others v. Abdul Waheed PLD 1989 SC 489; Mahboob Ali v. Abdul Man an and others 1984 CLC 1201; Shaikh Muhammad Munir v. Muhammad Ilyas 1986 CLC 93; Syed Zahid Ali v. Syed Muhammad Nasim 1984 CLC 828; Syed Khadim Hussain Abdi v. Mst. Geti Ara Begum PLD 1986 Kar. 184; Syed Taher Ali v. S.M. Yousif 1990 ALD 162 (2); Mst. Koonch Amna and others v. Mst. Zabaida and others PLD 1983 Kar. 584 and Taiyab A. Kapadia v. Agha Ziauddin Barni 1981 CLC 1267 ref. Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 10 & 15 (2) (ii)---Default in payment of rent---Tenant who had defaulted in payment of rent for 10 months, had pleaded that he could not be termed as defaulter, even if he had not paid disputed rent as rent was being received by landlord in lump sum from him, thus discretion was to be exercised in his favour---Mere fact that a tenant made it a habit not to pay rent regularly every month and that landlord tolerated default of tenant for some time and accepted rent paid at irregular intervals, could not be deemed to have established a practice of payment of rent whenever tenant pleased---Such practice could not absolve tenant from paying rent every month---Tenant having been proved to be a wilful defaulter, discretion could not be exercised in his favour as contended by tenant. Tar Muhammad Janoo & Co.'s case 1981 SCMR 93 and…