Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 17---Frivolous and vexatious ejectment application---Payment of compensation---Satisfaction of Rent Controller that case filed by landlord was frivolous and vexatious was a sine qua non for directing payment of compensation---In absence of finding of fact that ejectment application filed by landlord was frivolous and vexatious, payment of compensation could not be ordered---Satisfaction of Rent Controller would not mean subjective satisfaction, but would mean his objective satisfaction flowing from and based on material on record. Chian Fong Wo v. Abubaker Chhaya 1990 CLC 1724; Abu Bakar v. Ch. Muhammad Abdullah 1986 M L D 227; Ismail v. Rent Controller, Shahdadpur 1983 C L C 2994 and Dawood v. Abdul Ghani 1990 C L C 1062 ref. ' (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 17 & 15---Word "satisfaction" used in S.17, Sindh Rented Premises Ordinance is to be read with the same connotation and denotation as it carries in S. 15 of the Ordinance. (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 17---Tenant's entitlement to receive compensation from landlord---Landlord's application for default in payment of rent---Tenant setting up plea that he had paid rent to landlord for the alleged default period but he did not issue receipt and thereafter, he deposited the rent before Rent Controller, thus, paying the rent twice---Tenant, however, failed to prove double payment, though he succeeded in establishing that rent was deposited by him within time---Tenant was, thus, not liable to be evicted on ground of default in payment of rent but landlord's application could not be deemed to be frivolous and 'vexatious---Tenant was not entitled to any compensation in circumstances. JUDGMENT This appeal is directed against order dated 14-9-1989, whereby the learned 1st Rent Controller Karachi West has dismissed the Rent case filed by the appellant against the respondent, on the ground of default in payment of rent. The case of the appellant was that the respondent had failed to pay rent for the month of February, 1988. The respondent pleaded that the rent for the months of February and…

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