Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)-------Ss. 5 & 15(Z)(vii)---Ejectment application---Maintainability---Lease deed executed between original landlord and tenant in respect of premises in dispute was valid for five years from date of its execution with option that tenancy could be renewed on expiry of lease period of five years at the option of lessee for further period on terms of lessee or on terms and conditions to be mutually agreed upon between the parties---In view of such conditions, lease could not be determined simply at option of landlord who had purchased premises from original landlord with knowledge of legal rights vested in tenants by virtue of lease deed executed between original landlord and tenants ---Ejectment application tiled by vendees landlords before expiry of five years' lease period, was liable to be dismissed being premature. Mrs. Zehra Begum v. Messrs Pakistan Burmah Shell Limited PLD 1984 SC 38; 1992 SCMR 943 and Pakistan Burmah Shell Limited v. Khalil Ahmad and another 1988 MLD 210 ref. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 10 & 15(2)(ii)---Default in payment of rent of premises---Tenants paid rent of premises regularly without committing any default to original landlord in accordance with terms and conditions of lease agreement arrived at between original landlord and tenants---When premises was sold to vendee-landlords, tenants started depositing rent in Court ---Vendee-landlords who alleged default in payment of rent on part of tenants, had written a letter to tenants in which they had admitted payment of rent, but had asked tenants to vacate premises in dispute within three months from date of letter and also had showed their willingness to return advance payment of rent for un-expired period---When landlords had made their intention to return advance rent to tenants it could not be expected from them that they would have accepted current and future rent of premises---Tenants, thus, were justified in depositing rent in Court---No default in payment of rent was committed to tenants in circumstances. Akbar Ali and 4 others v. Mst. Hameeda Sahaf 1993 CLC 290 ref. JUDGMENT This judgment…

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