Law:

Section:

Sindh Rented Premises Ordinance(XVII of 1979)--Ss. 15 & 18---Constitution of Pakistan (1973), Art. 185(3)---Ejectment--­Default in payment of rent---Tenant after receiving notice under S.18, Sindh Rented Premises Ordinance, 1979, started paying rent to landlord but then suddenly he shifted to depositing rent in Court in miscellaneous rent application in the name of landlord and previous landlady, thus, resorting to causing harassment to landlord---Independent assessment of material on record indicated that conclusions drawn by the High Court from evidence were unexceptionable warranting no interference---Rent Controller and the High Court ordering ejectment of tenant on ground of default in payment of rent had not flouted provisions of relevant law---Leave to appeal was refused in circumstances. Shafaat Hussain, Advocate instructed by Faizanul Haq, Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing: 14th March, 1995. ORDER MUHAMMAD MUNIR KHAN, J.---This petition arises from the facts that Gul Khan Ahmed Qureshi respondent filed an application under section 15 of the Sindh Rented Premises Ordinance, 1979 (hereinafter referred to as the Ordinance) for the ejectment of Fazal Elahi petitioner from shop No.5 on the ground of default in payment of rent before the Rent Controller, Karachi (Central). The application was resisted. In the written statement, the petitioner has stated-- "it is submitted that the opponent made the payment of rent up to February 1992 which was received by the applicant, but on 8-2-1992 the previous landlady approached the opponent through her son and demanded rent from the month of May, 1991 claiming herself to be the owner of the demised premises and as such the opponent started depositing rent in the Court in Miscellaneous Rent Case No.121/92 from the month of March, 1992 regularly in the name of both the claimants of ownership but in compliance with the tentative rent order passed by this Hon'ble Court by consent of the parties, the same is being deposited regularly in Rent Case No.74/92 filed by the applicant for ejectment against the opponent on the ground of personal bona fide use which is pending before this…

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