Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)-------Ss. 15 & 21---Wilful default in payment of monthly rent---Proof---More than one claimants of the disputed property---One claimant stated to have will of the deceased owner in her favour, whereas the other claimants/respondents had mutation of the property in their names---Appellant/tenant deposited rent in the Court against the joint names of both the claimants---Rent Controller neither passed any tentative rent order, nor called the report of the Nazir to consider the entire deposits and as to the dates when such deposits were made and ejectment application was allowed---Validity---Held, in such a situation it was difficult for the appellant/tenant to choose between the two and, in circumstances, the only course left for tenant was to deposit the rent in Court---Appellant/tenant could not be termed as wilful defaulter in such a situation. Mst. Latifa Khanum v. Syed Zahoorul Hassan 1984 CLC 1009 and Muhammad Zaman Khan` v. The Additional Chief Land Commissioner 1986 SCMR 1121 ref. JUDGMENT This first rent appeal has been filed by the appellant against the order, dated' 18-9-1997 passed by 3rd Rent Controller, Karachi, Central in Rent Case No.350 of 1995 filed by the respondents herein, allowing the same. The brief facts as per the eviction application, are that Property No.925/2, situated in Azizabad, Karachi was originally owned by Muhammad Zakaria Khawaja who gifted the said property to his wife Begum Shamsa Khawaja. The said Muhammad Zakria Khawaja died on 1-6-1974. One Mehrunnisa alleging herself to be the widow of the deceased, filed Suit No.283 of 1977 for administration and accounts against Begum Shamsa Khawaja, which was dismissed vide order, dated 4-2-1991. According to the respondents, the said Begum Shamsa Khawaja let out a portion of the said property to the appellant on monthly rent of Rs.450. On 1-11-1989, the said Begum Shamsa Khawaja expired and, thereafter, the said property was inherited by the respondents who informed the appellant about the change in ownership. However, since the appellant stopped paying rent to the respondents, they filed Rent Case No.350 of 1995 on the ground of…

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