Law:

Section:

Sindh Rented Premises Ordinance (XV11I of 1979)--- Ss. 10(3) & 15(2)(ii)---Wilful default in payment of rent---Proof---Tenant who used to pay rent to landlord and obtained receipts for rent, suddenly stopped payment of rent personally to landlord alleging that landlord had refused to accept the rent---Tenant had failed to bring on record any evidence to prove that landlord had refused to accept the rent---Effect-.-Even if landlord had refused to accept the rent, it was incumbent upon tenant first to remit rent to landlord. through postal money order and on refusal of same tenant should have deposited rent with Rent Controller with notice to landlord, but without first remitting rent to landlord through` postal money order, tenant directly started depositing rent with Rent Controller without notice to landlord---Tenant who had failed to comply with provisions of S.10(3), Sindh Rented Premises Ordinance, 1979, was rightly ordered to be ejected holding him to be wilful defaulter in circumstances. Mrs. Hamida Malik v. Mrs. Riffat Jehan Begum 1985 MLD 121; Mst. Sara Bai v. Messrs Anis Corporation and Firm 1985 MLD 1093; Munawar Hasan v. Badiul Hassan 1992 CLC 2495; Azeemuddin through his Legal Heirs v. Mst. Hamida Begum and 2 others PLD 1993 Kar. 50; Messrs Bamboath & Co. v. Messrs G.B. Constriction Co. 1995 MLD 816; Riazuddin v. Gul Khan Ahmed Qureshi 1996 CLC 1003; Muhammad Saleem Qureshi v. M. Mohsin Butt 1996 CLC 381; Sultan Ahmad v. Syed Kazim Raza Abidi and 3 others 1998 CLC 663; Muhammad Hussain v. Badiul Hasan Civil Petition No.517-K- of 1992 end Muhammad Muslim through Legal Heir Muhammad v. Mst. Zubaida Begum and others Civil Petition No.208/K of 1996 ref. ORDER The present appeal under section 21(1) of the Sindh Rented Premises Ordinance, 1979 (hereinafter referred to as the Ordinance) filed against the order of ejectment passed by the learned Rent Controller No.VII, Karachi South, dated 3-4-1998 in Rent Case No.768 of 1996 allowing the application and directing the appellant to hand over the vacant and peaceful possession of demised premises within two months to the respondent. The respondent filed rent application as landlord of , the building…

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