Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)-------S. 15(2)(vii)---Default in payment of rent---Tenant had brought on record several rent receipts with a statement to prove that landlord used to receive accumulated rent from him as well as from other tenants of different tenements---Such rent receipts had established that landlord had been receiving lump sum rent of two to fifteen months from tenants---Receipts produced -by tenant in proof of his version were not challenged by landlord in cross-examination---Defence taken by tenant, could have been easily shattered by landlord by producing counterfoils of rent receipts evidencing collection of rent from tenants in advance or each month regularly, but landlord failed to do so---It had fully been established that it was landlord who himself had adopted practice of receiving rent in lump sum with irregular intervals at his own convenience and such practice was in vogue from the very beginning--­Rent Controller, had rightly exercised discretion in condoning delay in payment of rent. Hajiani Aisha and others v. Abdul Waheed PLD 1989 SC 489; Amir Ali and others v. M/s. Burma Oil Mills Ltd. 1990 SCMR 1327; Abdul Latif v. Munir Ahmed PLD 1987 Kar. 460; Abdul Aziz v. Abdul Ghani 1986 SCMR 1857; Haji Muhammad Qasim v. Mehran Ali 1983 SCMR 1205; Malka Begum v. Mehar Ali Hashmi 1984 SCMR 755; Abdul Rashid v. Saleh Muhammad 1980 SCMR 506; Dr. Syed Waris Ali Tirmizi v. Liaqat Begum 1980 SCMR 601 and M/s. Tar Muhammad Janoo & Co. v. Tahir Ali and others 1981 SCMR 93 ref. - (b) Pleadings--- ---- Party has to prove case pleaded by it and no other case. M.M.Mahmudi for Appellant. S.M. Akhtar Rizvi with Arshad Mubin for Respondent. Date of hearing: 21st October, 1992. JUDGMENT This appeal is directed against order dated 6-10-1991, passed by the learned VIIIth Senior Civil Judge and Rent Controller, Karachi (South) in Rent Case No. 982/1988 filed by the appellant against the respondent on the sole ground of default in payment of rent from November, 1987. 2. Briefly the facts of the case are that the appellant is the owner of an industrial plot, bearing No. 51/12, Ghulam Hussain Qasim. Road, Garden West, Karachi, commonly…

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