Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 10

(a) Sind Rented Premises Ordinance (XVII of 1979)---Ss.10(3), 15 & 21--Default in payment of rent--Deposit of rent under S.10(3) of the Ordinance, held, could save tenant from consequences, of default as contemplated by S.15 of the Ordinance if same was deposited within period allowed by law. (b) Sind Rented Premises Ordinance (XVII of 1979)-- ---Ss.7, 15 & 21--Rent--Payment of excessive rent--Adjustment--When excess rent was paid by tenant to landlord, tenant, held, was entitled to recover or adjust it against payment of future rent. (c) Sind Rented Premises Ordinance (XVII of 19,79)-- ---Ss.15 & 21--Default in payment of rent--Tenant paying more rent than mutually agreed upon and thus entitled to adjustment which if counted not rendering him defaulter--Order of Rent Controller allowing eviction on ground of default set aside in circumstances. ORDER The appellant is the tenant, the respondent is the landlord. The respondent made an application on 24-9-1981 under section 15 of the Sind Rented Premises Ordinance, 1979 (hereinafter referred toras the Ordinance) before the 1st Senior Civil Judge/Rent' Controller, Karachi for eviction of the tenant /appellant from outhouse room situated on plot No.GRW-409/1, Garden West, Karachi, on the ground that the appellant had failed to pay rent for the period from September 1, 1978 to August 31, 1981. According to the respondent's application the appellant was to pay Rs.10/- per month as rent. In his written statement, the appellant pleaded that the landlord respondent had brought one eviction application No.4181/78. The present application was not maintainable because the appellant was not in arrears; that he had tendered the rent but respondent had refuses to accept rent from him directly and, therefore, the appellant had started depositing rent in Misc. Rent Case No.3189/80 and had deposited therein for the period from May 1, 1978 to April 30, 1982 without prejudice to his rights. He further pleaded that excess amount was recovered by the respondent from him at the rate of Rs.2/- per month. The Controller had framed the following two issues:---- (1) Whether the opponent is wilful defaulter in the payment of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492