Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15 (2) (ii)---Default in payment of rent---Tenant had contented that he did not pay disputed rent to landlord, as landlord had demanded rent at enhanced rate and thus no wilful default was committed by him---Held, in case landlord had demanded rent at enhanced rate as alleged by tenant, tenant could send rent at existing rate by money order or deposit same in Court--­Tenant having failed to follow any of the two options available to him, default on part of tenant was wilful---Demand of higher rent, however, by itself could not be regarded as an act of mala fides on part of landlord. Muhammad Ishaq v. Kubra Begum PLD 1988 Kar. 533; Shamsul Islam Khan v. Pakistan Tourism Development Corporation Ltd. 1985 SCMR 1996; M/s. Allied Bank of Pakistan Ltd. v. Syed Wahid Hussain 1986 SCMR 946 and Mst. Saira Bai v. Syed Anisur Rahman 1989 SCMR 1366 ref. JUDGMENT This appeal under section 21 of the Sindh Rented Premises Ordinance, 1979, is directed against order dated 24-9-1989, passed by learned VIth Rent Controller, Karachi, South, whereby, he directed appellant to hand over vacant possession of the premises in question to respondent within 60 days from the date of said order. The facts relevant for decision of this appeal are as follows:- Respondent Mst. Marrium Bai, on 22-1-1985, filed eviction application against appellant on the ground of default in payment of rent, making addition and alteration in the premises, subletting, and bona fide personal use. The case of respondent is that she is owner of the premises bearing C.S. No.16-D, Block NoA, Commercial Area, Sindhi Muslim Housing Society, Karachi and appellant is her tenant in said premises under a tenancy agreement dated 1-1-1978 at monthly rent of Rs.800 with Rs.630 as additional amount is payable per annum for water and conservancy charges, and that appellant did not pay rent since, Ist Januarys 1983. The appellant resisted the claim of respondent and denied all the allegations made against him. At trial the respondent filed her affidavit-in-evidence and that of Mr. A.M. Chagla. The appellant submitted his affidavit-in-evidence. All were cross examined.…

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