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---Acceptance of rent of premises by landlord irregularity paid to him by tenant, held, would not give any advantage to tenant over landlord as tenant could not 'be allowed to have benefit of his own negligence. Abdul Aziz v. Abdul Ghani 1986 S C M R 1857; Muhammad Siddique v. Abdul Rasheed 1982 C L C 217; Haji Muhammad Usman v. Yousuf Ali Muhammad Bhai 1986 C L C 380; Abdul Latif v. Muneer Ahmed P L D 1987 Kar. 460; Batul Fida Hussain Shaikha and others v. Burma Oil Mills Ltd. 1988 C L C 70; M/s. Tar Muhammad Janoo & Co. v. Tahir and others 1981 S C M R 93; Abdul Rasheed v. Saleh Muhammad 1980 S C M R 506; Haji Muhammad Qasim v. Mehrban Ali 1983 S C M R 1205; Fazal-ur-Rehman v. Mst. Taj A. Samad and others 1984 C L C 2552; Aba Hussain v. Mst. Mehrunnisa Begum 1985 C L C 2109 and Shaikh Muhammad Munir v. Muhammad Ilyas 1986 C L C 93 ref. Azizur Rehman Shaikh for Applicants. Waqar Muhammad Khan Lodhi for Respondent. Date of hearing: 7th December, 1989. JUDGMENT This is appeal, under section 21 of Sindh Rented Premises Ordinance (hereinafter to be .referred to .as the Ordinance) against an order dated 23-11-1987, passed by the IIIrd Senior Civil Judge & Rent Controller Karachi South in Rent Case No. 799/86. 2. Admittedly the appellants are tenants of the respondent in the first and second floor of Sher-naz Mansion, Nashtar Road, Karachi. Prior to this the respondent filed Rent Application No. 2565 of 1982 against the appellants for their eviction from the rented premises on account of default in payment of rent for the period of June 1980 to March, 1982 and on the ground of nuisance. Said rent application was accepted by the Rent Controller on 23-11-1987, on the ground of default in payment of rent and not on the ground of nuisance. Said decision has been challenged in this Court by the appellants in F.RA. No. 27 of 1988. During pendency of said rent case the respondent filed another Rent Case No. 799/86 on 3-7-1986 for the eviction of the appellants from the rented premises on the ground that they had failed to pay the rent' for the period from March…