Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)--S. 15---Constitution of Pakistan (1973), Art. 185(3) --- Ejectment of tenant for default in payment of rent --- Validity --- Leave to appeal was granted to examine whether any period for payment of rent had been fixed by mutual agreement between the parties. Shezan Limited v. Abdul Ghaffar 1992 SCMR 2400, Sir E.H. Jaffar and Sons Ltd. v. Sultan Karam Ali 1995 SCMR 330;. State Life Insurance Corporation of Pakistan, Karachi v. Messrs Siddique Tailors PLD 1993 Kar.642; Mst. Rehana Begum v. Mst, Shagufta 1995 SCMR 323; Muhammad Anwar v. Syed Muhammad Sadiq 1993 CLC 1819 and Abdul Kahaliq v. Ghulam Abbas Bhatti 1981 CLC 1114 and Mst. Nur Jehan v. Syed Mujtaba Ali Naqvi 1991 SCMR 2300 ref. (b) Sindh Rented Premises Ordinance (XV11 of 1979)--S. 15 --- Ejectment for default in payment of rent~--Validity --- Rent of premises was payable in advance by 7th of each month by mutual agreement of parties--­Such fact was never challenged during cross-examination of landlord's attorney --- High Court, thus, concluded that truth of statement made by said attorney had been established --- Default would occur if rent was not paid by tenant within 15 days of such period, notwithstanding the fact that no written agreement was produced by landlord in proof of his such assertion --- Such agreement could even be oral between parties --- High Court's finding on that score, thus, appeared to be correct warranting no interference by Supreme Court --- Ejectment of tenant for default was maintained in circumstances. Mst. Rehana Begum v. Mst. Shagufta 1995 SCMR 323 ref. (c) Sindh Rented Premises Ordinance (XVII of 1979) S. 2(i) --- Electricity charges, non-payment . of--- Effect- --Electricity charges being included in definition of "rent" and tenant being liable to pay the same, default on his part would make him liable for ejectment for non-payment of such charges when default was clearly established by evidence before Rent Controller. JUDGMENT MAMOON KAZI, J.---The appellant was the respondent's tenant in shops Nos.1 and 2 situated in the building known as Tahir Manzil, on Plots Nos.66 and 68 in the Central Commercial Area, P.E.C.H.S.,…

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