Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 21,15(2)(ii)

Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 13

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15(2)(ii)---Default in payment of rent ---Ejectment application filed by landlord on ground that tenant was a persistent defaulter in payment of rent, was dismissed by Rent Controller holding that landlord had not produced counterfoils of rent. receipts in order to prove that rent receipts were ever issued by him to tenant---Case of landlord was not that he had been issuing rent receipts having counterfoils nor tenant took up the plea that landlord used to maintain receipt books containing counterfoils---Reasoning given by Rent Controller for dismissing ejectment application of landlord, was untenable and perverse in view of the fact that landlord was not required to issue rent receipts which necessarily must have counterfoils---No adverse presumption could be raised against landlord because of non-existence of such counterfoils. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15(2)(ii)---Default in payment of rent ---Ejectment application filed by landlord on ground of default in payment of rent was dismissed by Rent Controller holding that if tenant had failed to pay rent to landlord for more than 6 years, why landlord remained silent and why he did not serve tenant with notice and file ejectment case against him---Indulgence shown by landlord in not taking steps for eviction of his tenant for a long time on ground of non­payment of rent or his failure to serve tenant with a legal notice before filing ejectment application, would not by itself give rise to a presumption that tenant had been making payment of rent to the landlord. JUDGMENT This appeal under section 21. of the Sindh Rented Premises Ordinance, 1979 is directed against ,the order dated 15-3-1988 passed by the learned First Senior Civil Judge & Rent Controller at Karachi (South) in Rent Case No.487/1976 whereby he dismissed the appellants' application under section 13 of the West Pakistan Urban Rent Restriction Ordinance, 1959. Briefly stated the facts of the case are that the appellants are the owners and landlords of tenement No.7 of building situated on Plot N.K-7/432, near Baghdadi Police Station, Lyari Quarters,…

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