Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)-------S. 15---Factum of payment of rent by tenant---Landlord in his affidavit as also in his cross-examination had admitted that rent was sent to him by attorney of tenants but he did not receive the same---Tenants thereafter had deposited rent in Rent Controller's Court without any break---Default in payment of rent was not proved in circumstances. Muhammad Remzan v. Ch. Bashir Ahmed PLD 1981 SC 340; Muhammad Jumma v. Muhammad Bachal 1985 CLC 48; Munshi Siraj-ul-Haq v. Nizamuddin 1981 CLC 864; Abdul Rehman v. Atta Muhammad Khan 1982 CLC 1838; Muhammad Nasim Yar Khan v. Sh. Attaullah 1979 CLC 805; Syed Jalilur Rehman etc. v. M/s. Johar Trading Company 1982 CLC 219; Mirza Jawad Baig v. Pakistan State Oil Co. Ltd. 1985 MLD 536; Syed Muhammad Ahmad v. Malik Basharat Ahmad 1986 CLC 1502; Muhammad Younus and another v. Mst. Najira Bi 1989 SCMR 1670; Muhammad Younus v. Dr. S. Muzammil Ali 1981 CLC 327; Major Feroze Din Khan and others v. Sh. Muhammad Amin PLD 1967 Lah. 966; Mst. Sadiqa Begum Waheeduddin v. Crescent Pak. Industries Ltd and another 1986 MLD 1788; Shakir Hussain Chishty v. EA. Breganza PLD 1984 Kar. 141; Abdul Ghani v- Ismail Ibrahin Kakhani 1986 CLC 696; Mst. Safia Hassan v. Ishrat Hussain 1986 CLC 1751 Mst. Thariani v. Yousuf 1989 MLD 1786; Mst. Zulekha Bai v. Muhammad Yakoob 1989 MLD 2882; Mst. Hajra Bai Sulaiman v. Mst. Aisha Bai 1982 CLC 1444; Malik Lal v. Manzoor Ali PLD 1985 Quetta 142 and Muhammad Ramzan's case PLD 1981 SC 240 ref. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 13---Personal bona fide use of premises by landlord---Landlord in his affidavit had stated in one sentence that he required such premises for his personal bona fide use---Tenant's counsel, however, while cross-examining landlord helped him in bringing on record specified facts which landlord was bound to bring on record, in order to succeed in obtaining order of eviction on the ground of bona fide personal use---Whatever lacuna had been left in evidence of landlord the same had been filled in during his cross-examination due to such question having been put to him---Case of landlord about his requirement of…

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