Law: Sindh Rented Premises Ordinance, 1979

Section: 16,24

Sind Rented Premises Ordinance (XVII of 1979) — —-Ss. 16 & 24—Rent —Deposit of—Delay in —Explanation for—Agent —Act and omission of—Held : Agent, unless acting in excess of  uthority conferred on him or omitting to act for reasons beyond his control, tenant to be vicariously liable for act or  mission of his agent—Held further : Explanation that counsel appearing for tenant in lower court failed to deposit rent on due date to be  o  ufficient ground for condonation. [P. 120]/f   (ii) Sind Rented Premises Ordinance (XVII cf 1979)— ------ S, 16(2)—Rent—Deposit  of—Order   of—Non-compliance   of —Objection of—Waiver of—Landlord not in knowledge of actua! dates of default committed by appellant in depositing rent till filing of Nazir's report—Held: Plea that landlord waived his right to seek relief under S. ib (2) of Ordinance by filing application after more than two years not to be allowed to be raised. [P. 12!]C (iii) Sind Rented Premises Ordinance (XVII of 1979)- ------ S, !6 (2) -Rent—Deposit oi—Withdrawal  by landlord—Effect of—Held : Default not to be (held to be) "not wilful' merely by withdrawal of amount deposited after due date. [P. 122]D (iv) Sind Rented Premises Ordinance (XVII or 1979) — ------ S. 16 (2)—Rent—Deposit of — Order of — Non-compliance of —Held : Period of time for making application under S. 16 (2) of Ordinance not to be limited. [P. 12ij£ (v) Waiver—• —-—Proof of—Held : To prove waiver, there should be some clear and decisive act or condnct beyond mere silence — Held further : Waiver by implication also to be competently inferred from circumstances of each case. [P. 121]S judgment This is an appeal under Section 21 of the Sind Rented Premises Ordi­nance, 1979, challenging the order of the learned Senior Civil Judge/Rent Controller, Shikarpur passed in Rent Case No. 24/1981 whereby the de­fence of the appellant was struck off for default in…