Law: Sindh Rented Premises Ordinance, 1979

Section: 10(3) , 15(2)(ii)

  Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 10(3) & 15(2)(ii)---Default in payment of rent---Tenant, on refusal of landlord to accept rent of premises, tendered same through money orders-- Landlord having himself admitted remittance of rent through money orders, finding of Rent Controller that tenant had committed default in payment of rent was not sustainable. Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15(2)(vii)---Personal requirement---Proof---While determining question of requirement Rent Controller should not overlook new requirements of landlord and his desire for better accommodation---Number of members if family of landlord and their ages were most material factors to be considered while deciding adequacy and suitability of accommodation already with him. Fazal-ur-Rehman v. Nayeema Khatoon P L D 1963 Dacca 84 ref. M.S. Khatri for Appellant. Muniruddin Alvi for Respondent . Date of hearing: 24th August, 1989. ORDER This appeal under section 21 of the Sindh Rented Premises Ordinance, 1979, is Filed against the order dated 20-9-1988 passed by IIIrd Sr. Civil judge and Rent Controller (West) Karachi, whereby he directed the ejectment of the appellant from the disputed premises. Appellant is a tenant of respondent in respect of residential premises situated on plot No. 323, Sector 1728, Muhajir Camp, Karachi, at a monthly rent of Rs.40. On 10-12-1986, the respondent filed an application under section 15 of the Sindh Rented Premises Ordinance, 1979, before the Rent Controller seeking ejectment of appellant on the ground of default in payment of rent from March 1985, and personal requirement. The appellant resisted the application for ejectment by controverting the allegations for ejectment by controverting the allegations based on facts. It was pleaded on her behalf that the respondent wanted to demolish the disputed premises which necessiated her to file a suit for injunction. It was thereafter that the respondent refused to accept rent from her. She, therefore, tendered rent through money orders which were refused. Consequently she started depositing the same in the office of Rent Controller. The appellant also…