Law:

Section:

(a) Sind Rented Premises Ordinance (XVII of 1979)-----S.16(2)--Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal--One of the conditions of the agreement being that the tenant would pay another Rs.6.600 as rent in advance 15 days before the commencement of another term of six months and in case of non­compliance, the tenancy would be terminable at the option of the landlord--Leave to appeal granted to consider questions: firstly whether the agreement in question after the efflux of the first period of six months had expired and did no longer govern the tenancy; and secondly, whether the security amount could be adjusted towards future rent. [p. 229] A (b) Sind Rented Premises Ordinance (XVII of 1979)-- ---5. 16(3)--Rent agreement not indicating as to how and when the security deposit would be adjusted or applied but it could easily be spelled out from the use of the word "security" and the positive provisions regarding payment of rent in advance at specified time and also the payment of other charges and provisions in the negative form that the tenant shall not cause loss or damage to the property or to the landlord--Such security deposit, held, was to be adjusted by the landlord towards unpaid rent or against other payments or loss at any time when tenant vacated the premises--Such security deposit could not be adjusted against the current liability to pay the rent, it was to be adjusted in accordance with the terms of the agreement and not by Rent Controller at his will. [p. 231] B Mrs. Zarina Khawaja v. Agha Mahboob Shah P L D 1988 S C 198 ref. (c) Sind Rented Premises Ordinance (XVII of 1979)-- ---S. 16(3)--Rent agreement indicated that tenant would pay another sum of amount as rent in advance 15 days before the commencement of another term of six months arid in case of non-compliance the tenancy would be terminable at the option of the landlord--Agreement in question as to the security in such a case, held, would continue to operate notwithstanding its expiry. [p. 231] C (d) Sind Rented Premises Ordinance (XVII of 1979)-- ---8. 15(2)(ii)--Wilful default--Tenant not entitled to any discretionary benefit. [p. 231] D JUDGMENT MUHAMMAD AFZAL ZULLAH,…

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