Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)-------Ss. 10 & 15(2)(ii)---Payment of rent---Mode of---Rent would become payable in tern of mutual agreement between parties when agreement to that effect was executed between them but where date for payment of rent was not fixed by mutual agreement between landlord and tenant, rent would be due on 10th of the month next following the month for which it was due---If rent was not paid within 60 days of aforesaid date, provisions of S.15(2)(ii) of Sindh Rented Premises Ordinance, 1979 would attract an order of eviction of tenant. Yawar Baig v. Usman Ghani Cheepa 1989 CLC 247; Babu v. S.M. Rafi 1989 CLC 294; Hakeem Moazzumuddin Baqai v. Abdul Hussain Tahir Ali and 3 others 1989 CLC 722 and Fareew Ahmed v. Fikree Development Corporation 1991 MLD 2609 ref. JUDGMENT The present appeal has been filed assailing the order dated 9-3-1991 passed in Rent Case No. 1541 of 1983 by the 1st Senior Civil Judge and Rent Controller, Karachi Central, whereby the appellant was ordered to be evicted from the shop measuring 90 square yards situated on the ground floor of the building on Plot No. 4/116 Liaquatabad, Karachi. The respondent/landlord had sought the eviction of the appellant on the grounds of default in payment of rent for the months of February, March and April, 1983, and requirement of ,demised shop for the respondent's sons who were carrying on furniture business on footpath for more than two years prior to institution of the rent case. According to the respondent, the monthly rent originally was Rs.200 which was with the passage of time increased to Rs.300 per month. However, the appellant with respect to the quantum, of rent pleaded that in January, 1983 the rent was enhanced to Rs. 350 and accordingly he paid the said rent to the respondent, on the intervention of Furniture Market Association. He further claimed that he paid the rent for the month of February, 1983 so also March 1983 in time and demanded receipt but it was not issued on the pretext that it would be issued after the respondent purchased the receipt book. The respondent thereafter, according to appellant, started pressurizing him to increase the rent…

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