Law: Sindh Rented Premises Ordinance, 1979

Section: 15

  Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Wilful default in payment of rent---Proof---Testimony of landlady  on  oath  was  not  challenged  by  tenant  during cross-examination---Validity---Mere fact that suggestion was made by counsel of tenant that rent was remitted to the landlady in July, 1991 for four months, would not disprove the statement of the landlady on oath that rent was not paid to her from January, 1991 to July, 1991---No evidence ocular or documentary was available to rebut testimony of the landlady-with regard to non-payment of rent for specified period-- Tenant had committed wilful default in payment of rent in circumstances. Rahimuddin v. Mutiny Khan 1989 CLC 994 distinguished. Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Bona fide personal need of landlady---Premises required by landlady for use of her son---Family of landlady consisted of fifteen members and portion in her possession consisted of two rooms, one latrine, one bathroom and small courtyard and, as such, same .was not sufficient for her family---Portion in occupation of landlady was in dilapidated condition and said fact was not challenged by tenant---Evidence of landlady regarding requirement of premises remained unshaken during cross-examination---Landlady had , proved her requirement of premises in good faith in circumstances. Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Bona fide personal need of landlady---Death of landlady pending proceedings---Effect---Bona fide personal need of landlady ended/abated with death, but where eviction was sought for the requirement   of children of such deceased landlady, her death would not affect the children's requirement. Mst. Jamila Latif v. Ghulam Yazdani Khan and others 1981 SCMR 637 fol. Sindh Rented Premises Ordinance (XVH of 1979)-- ----S. 21---Appeal---Non-filing of heirship certificate by legal heirs of landlady---Maintainability---Legal heirs of deceased landlady were brought on record on an application moved by their counsel and same was not objected to by the tenant---Nothing was available on record to show that…