Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15(2)(ii)---Default due to delay in payment of rent ---Condonation of delay---Tenant had throughout been tendering rent of premises through money order in time, except only for one month when he tendered rent only after delay of 12 days---Case of tenant being genuine one, Rent Controller rightly condoned delay of 12 days in tendering rent exercising discretion in favour of tenant. 1986 CLC 705; 1986 CLC 1754; 1986 CLC 1527; PLD 1974 Kar. 209; PLD 1973 Kar. 1(B); 1986 CLC 705; 1972 SCMR 151; 1983 CLC 308 and 1983 CLC 302 ref. JUDGMENT The present appeal has been directed against the impugned judgment dated 11-2-1989, whereby IInd Senior Civil Judge/Rent Controller, Karachi South dismissed the Rent Application No.1564/87 filed by the present appellant against the present respondent. Briefly stated the facts are that the appellants filed ejectment application under section 15 of the Sindh Rented Premises Ordinance on the ground that the respondent committed default in payment of rent of the disputed flat for the month of April, May and June, 1987. After recording the evidence of both the parties the learned Rent Controller dismissed the ejectment application. The operative paragraph of the impugned judgment runs as under: "Thus the tender of rent for the month of April, 1987, in this way by the money order dated 12-7-1987, was delayed for 12 days, only and the tender of rent for the month of May 1987 was in time. Thereafter the opponent has deposited rent for the month of April to August 1987 in Court on 18-8-1987, and he is continuously depositing rent in Court vide receipt produced with the affidavit-in-evidence and there is no default. The rent for the month of June was also deposited within time on 18-8-1987. Thus there is only default of 12 days in payment of rent for the month of April, 1987, in case the plea of payment of rent for the months of April and May, 1987 by hand is excluded from consideration. In this respect learned counsel for the opponent has relied on two…

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