Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)--S. 15---Constitution of Pakistan (1973), Art. 185(3)---Default in payment of rent ---Leave to appeal was granted to tenant to consider whether High Court was justified in reversing finding of Rent Controller on question of default keeping in view that tenant had riled miscellaneous rent case in April 1984 i.e. r within three months from the date of commencement of tenancy in which she had averred that, she had paid the rent for the month of May, 1984, and had remitted money order fur the months of June and July, 1984, and that there seemed to be a plausible reason for the tenant to have made the averment in question, as the miscellaneous application was filed when grace period of sixty days had not expired for payment of rent for the month of May, 1984. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Constitution of Pakistan (1973), Art. 185---Question as to when tenant's tenancy had commenced and whether tenant had deposited rent for the crucial month of May, 1984, remained undecided---Case was remanded to Rent Controller with direction to decide question of default afresh after recording, further evidence of parties particularly with reference to the question as to when tenancy had commenced and whether rent for the crucial month of May, 1984 had been deposited by the tenant through the miscellaneous application or not, and whether tenant continued to deposit the rent in time to the filing of ejectment case by landlords in 1986. JUDGMENT AJMAL MIAN, J. This is an appeal with the leave of this Court against the judgment dated 21-5-1992 passed by a learned Single Judge of the High Court of Sindh in F.RA. No.100 of 1989 filed by the respondents against the order of dismissal of their Rent Case No.1555 of 1989, which was filed on the grounds of default and unauthorised additions and alterations and thereby impairing the value and utility of the premises. 2. The above rent case was resisted by the appellant inasmuch as a written statement was filed, in which it was denied that there was any default or that there was any unauthorised additions and alterations, which impaired the value and utility…

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