Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)-------S. 15(2)(ii)---Default in payment of rent---Tenant, who failed to pay or tender disputed rent, had claimed that landlord used to collect rent periodically in lump sum but tenant could not prove such claim---Lump sum payment of rent could not be approved as tenant was supposed to pay/tender rent strictly according to law---No evidence was led to substantiate allegation that landlord refused to accept rent from tenant, even in that case tenant could have tendered rent through money orders, but tenant did not do so---Tenant instead of depositing rent in accordance with tentative rent order, started sending money order to ex-landlord---Tenant, in circumstances, had deliberately violated and disobeyed tentative rent order---Contention of tenant that after change of ownership of premises in name of landlord, it was mandatory that fresh tentative rent order should have been passed or that in case of default landlord could have filed another application on a fresh cause of action, was repelled ---Ejectment of tenant was rightly ordered by Rent Controller on ground of default in circumstances. JUDGMENT This appeal under section 21 of the Smdh Rented Premises Ordinance, 1979 is directed against the order, dated 23-4-1997 passed by the learned IInd Senior Civil Judge/Rent Controller, Karachi South whereby Ejectment Application No.594 of 1990 was allowed. 2. Ejectment was sought by the respondent solely on the ground of default in making payment of rent from 1-7-1988 to March, 1990. The appellant contested the claim and denied the alleged default. His case is that the tenancy is old and the respondent used to collect/receive rent periodically at her convenience. Furthermore, whenever rent was offered to the respondent the same was returned on the plea that for one tenant namely the appellant a separate clerk could not be appointed to receive rent or to issue the rent receipt. The appellant also alleged in his written statement that the respondent failed/neglected to prove amenities as well as proper security arrangement. It was also alleged by the appellant that the area where the shop in dispute is situate in a "Pugri"…

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