Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 15(2)(ii)

Sindh Rented Premises Ordinance (XVII of 1979)--- ---S.15 (2) (ii)---Default---Tenant had contended that rent collector of landlord used to collect rent of premises periodically and in lump sum because monthly rent of premises was so meagre that rent collector desired not to come each month and receive same---Tenant failed to prove such practice, while record showed that tenant himself used to go and pay rent to rent collector of landlord---Held. in case landlord or his agent had refused to receive rent each month, tenant was under an obligation to send same by money order or deposit it in office of Rent Controller, but tenant admittedly had failed to do so---Tenant having failed to pay rent even after filing of ejectment case against him, Rent Controller rightly found tenant to be a defaulter. Iqbal Yousuf v. Kishwar Jehan 1991 SCMR 864; Abdul Aziz v. Abdul Ghani 1986 SCMR 1857; Naseem Akhtar v. Mst. Bibi Gul Durani and 2 others PM 1988 Kar. 372 and Ghulam Nabi v. Muhammad Sachal 1986 CLC 2R5R ref JUDGMENT The, appellant has impugned the order dated 16-2-1988 of Vth Senior ... Civil Judge and Rent Controller (South), Karachi whereby the appellant has been ordered to be evicted from the premises (shop constructed on plot x$ No.S.B.4/63) Won Hoffen Street, Saddar, Karachi (hereinafter known as the disputed premises). Facts of the case in brief are that respondent filed an application under section 15 of the Sindh Rented Premises Ordinance and stated that the appellant is his tenant in disputed shop at monthly rent of Rs.35 and was running a Dry Cleaning business and had not paid rent since September, 1972. The appellant being a defaulter was liable to eviction. The appellant filed his written statement and denied the contentions of the respondent that he was defaulter in payment of rent since August 1972. He pleaded that one Dr. Abdul Samad, the son of the respondent used to collect the rent on behalf of his mother (the respondent). Further that, the said Dr. Abdul Samad used to collect accumulated rent. The appellant also pleaded that he paid Rs.300 to Abdul Samad through money order dated 20-6-1975 and another sum of Rs.395 through money order dated 2-2-1976…

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