Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)-------S. 15(2) (ii)---Default in payment of rent---Landlord filed ejectment application against tenant alleging that tenant had failed to pay rent of premises for four months---Tenant denied alleged default in payment of rent contending that he had paid rent for first two months*to the father of landlord after obtaining receipt from him and thereafter when landlord refused to receive rent from him he started depositing monthly rent in the Court without committing any default---Landlord denied receipt of rent for first two months through his father alleging that rent receipt purporting for rent of two months allegedly issued by his father was forged one---As whole case hinged on disputed rent receipt for two months allegedly issued by father of landlord, High Court, though compared signatures of father of landlord on rent receipt with his admitted signatures on other documents, but without expressing its opinion about signatures, remanded case to the Rent Controller with a direction to send disputed documents to Handwriting Expert and after receipt of report from Handwriting Expert and recording evidence if any, matter to be decided afresh, after giving full chance to parties to lead evidence. 1983 CLC 346; 1983 CLC 339 and 1986 CLC 561 and 1986 CLC 1758 ref. SA. Jalib Chowdhry for Appellant. Nadeem Azhar Siddiqui for Respondent. Date of hearing: 3rd May, 1995. JUDGMENT This is an appeal under section 21 of the Sindh Rented Premises Ordinance, 1979 filed by the appellant against the order dated 21-9-1994, passed by 2nd Rent Controller, East Karachi in Rent Case No.916/1988, whereby the appellant is directed to vacate the premises and hand over its vacant possession to the respondent within 60 days. 2. The brief facts which lead to this appeal are that the appellant is tenant of the respondent in premises No. A-550, Block-3, Scheme No.24, Gulshan-e-Iqbal, Karachi at a monthly rent of Rs. 2,200. The respondent wilfully and deliberately failed to pay the monthly rent with effect from 1-8-1988 to 30-11-1988 as .such he is liable to be ejected. With the said assertions, the respondent filed ejectment case against the…

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