Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 15(2)(ii)

Law: Constitution of Pakistan, 1973

Section: 185(3)

Sindh Rented Premises Ordinance (XVII of 1979)--S. 15 (2) (ii) ---Constitution of Pakistan (1973), Art. 185 (3)---Default in payment of rent---High Court observing that tenant was a compulsive liar and because of taking up the false plea of having paid the disputed rent to the landlord she had become disentitled to the exercise of discretion in her favour---Leave to appeal was granted to tenant to consider her contention that observation by High Court was not based on legal evidence on record and High Court has misread the evidence proved in the case in reaching the finding that tenant was a defaulter. ORDER ABDUL KADIR SHAIKH, ACTG. CJ. ---This is a petition for leave to appeal from the judgment of the Sindh High Court dated 28-1-1990 whereby an appeal filed by the petitioner was dismissed and the order of the Rent Controller directing her eviction from the demised premises was upheld. Facts of the case, briefly stated, are as under: Respondent landlady applied for petitioner's eviction from the demised premises on the ground drat she had failed to -pay rent for the month of August, 1985 and also gas and other charges payable by her. Petitioner denied these assertions and asserted that she had paid the rent to the respondent for months of August to October, 1985 but she issued receipts for two months only i.e. for August and September, 1985 and failed to issue the rent receipt for the month of October, 1985 despite repeated demands. According to the petitioner she had tendered rent for the months of November and December, 1985 but respondent refused to accept the same and therefore, she remitted rent for the months of November and December, 1985 and January, 1986 in advance through money order dated 5-1-1986 which was returned to her on the refusal of the respondent to receive the amount. In the circumstances, therefore, petitioner deposited rent for the three months in Court and the rent for the succeeding months was also deposited in Court. On the basis of evidence produced by the parties learned Rent Controller held the petitioner guilty of default in the payment of rent for the month of October, 1985 and also for default in payment of water-pumping and…

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