Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.15---Default in payment of rent---Proof---Money order receipts tendered in evidence showed that tenant had sent rent to landlord in time but he had refused to receive the same-Cross-examination of landlord clearly showed that he refused to accept rent from specified months till date of his examination in Court---Tenant having submitted rent of specific months in time could not be deemed to have committed any default in payment of rent. 1985 MLD 511; 1984 CLC 2554 and 1981 CLC 2020 ref. (b) Sindh Rented Premises Ordinance (XVII of 1979)-- ----S. 15---Default in payment of gas charges---Landlord and tenant having common bill of their respective portion of house, only the share for consumption of charges of gas consumed by tenant could be claimed by landlord---Landlord had failed to prove as to what was actual share of tenant out of bills submitted to them by gas company---Finding of Rent Controller in respect of lesser payment of gas charges was, thus, not correct----Finding of default to that extent was thus not sustainable. (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Ejectment---Charge of causing nuisance against tenant---Some material discomfort and inconvenience caused by a neighbour to other neighbours by use of his premises could generally be called nuisance, but every case would depend upon its own facts---Expression "Nayadolatia" allegedly used by tenant against landlord lacked those details and frequency of such allegation as well as manner of levelling of those allegations which amounted to causing nuisance to landlord---Allegation of nuisance was not proved in circumstances. JUDGMENT This appeal is directed against the ejectment order issued by IInd Senior Civil Judge and Rent Controller, Karachi, dated 31-7-1983, whereby the appellant was to be ejected on the ground of default and nuisance. 2. The relevant facts are that the appellant was the tenant of the respondents in respect of one portion on the first floor initially at Rs.300 per month, which was raised to Rs.450 per month. The tenancy had started in 1978 and one of the conditions was that the gas, electricity and…

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