Law:

Section:

(a) Sind Rented Premises Ordinance (XVII of 1979)--- ----S. 15 (2) (ii) & 21 (1) (2)---Default in payment of rent---Tenant had himself admitted that he deposited disputed rent of premises long after expiry of stipulated period---Tenant who had committed default in payment of rent was rightly ejected on ground of default as ejectment on ground of default was mandatory and no more was discretionary---Mere fact that appeal of tenant against ejectment order of Rent Controller was admitted by Appellate Court for hearing would not entitle tenant to grant of stay even if tenant was statutory body---Landlady being a widow deserved sympathy rather than tenant. (b) Sind Rented Premises Ordinance (XVII of 1979)--- ----S.15---Ejectment application---Maintainability of---No obligation upon a landlord to file separate ejectment applications if more than one premises were given by him to a tenant on rent especially when tenant himself had been depositing cumulative rent for both premises. ORDER This is an application for stay of ejectment of the appellant in pursuance of the impugned order. Mr. Zubair Oureshi has pointed out that the opponent has himself admitted in his evidence that he had deposited tie rent for the month of July 1985 in Court on 31-10-1985 and the rent for the month of August 1985 on 30-11-1985. It is provided in section 15, subsection (2) of the Sindh Rented Premises Ordinance, 1979, that the Rent Controller "shall" make an order directing the tenant to put the landlord in possession of the premises-if he is satisfied that the tenant has failed to pay the rent in respect of the premises in his possession within 60 days after the expiry of the period fixed by mutual agreement between the tenant and landlord for payment of rent and in absence of such agreement within 15 days after the rent has become due for payment. In either case, the rent of July 1985 had become due latest by 1st of August 1985 and, therefore, even the period of 60 days was over by 1st of October 1985. Similarly, rent of August 1985 had become due on 1-9-1985 and the period of 60 days was over by 1-11-1985. Hence not only…

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