Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 15(2)(ii)

(a) Sindh Rented Premises Ordinance (XVII of 1979) --­----S. 15(2)(ii)---Default in payment of rent---Where it could be shown that it was an established practice of landlord to accept rent periodically in lump sum, tenant would not be held liable for default if he paid rent periodically in lump sum. Abdul Aziz v. Abdul Ghani 1986 SCMR 1857; Muhammad Rafiq Chowdhary v. Abdul Hameed and others 1988 SCMR 1385 and Tahir Ali v. M/s. Shaikh Meeran Bukhsh & Karim Bukhsh and others 1989 SCMR 403 rel. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15(2)(ii)---Default in payment of rent---Where landlord had never condoned delay in payment of rent or payment in lump sum and landlord had accepted rent in lump sum on one or two occasions while demanding payment of rent on regular monthly basis, such conduct of landlord would not wipe out default committed by tenant. Mrs. Alima Ahmed v. Amir Ali PLD 1984 SC 32 ref. JUDGMENT This appeal has been preferred against the judgment passed by III Senior Civil Judge/Rent Controller, Karachi (East) on 14-2-1989. Briefly the facts are that the present respondent, the landlady of building on Plot No.801-C, Central Commercial Area, P.E.C.H.S., Karachi had filed the case for ejectment against the present appellants, who are tenants in respect of ground floor of the said building at monthly rent of Rs.900. The grounds alleged for ejectment are that the present appellants are habitual defaulters and irregular in payment of monthly rent; and that lastly they had committed default in payment of rent for six months from July, 1984 to December, 1984 in spite of repeated demands and requests from the side of the landlady. The present appellants filed their written statement in which they contended that they are a registered company carrying on manufacturing and export business at ,the said premises for last 10 years. It was further stated in the written statement that the landlady staved in Sukkur and the rent was being paid to her when ever it was demanded or whenever she came to Karachi to collect the same. It was also stated that in case the landlady did not come to Karachi for a longer period of about six months, the due…

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