Law:

Section:

(a) Sindh Rented Premises Ordinance (XVH of 1979)-------Ss. 10 & 15(2)(ii)---Default in payment of rent---Landlord having refused to receive rent, same was tendered by tenant in time, by. money order--­Tenant, on refusal of landlord to accept rent through money order deposited rent in Court---Tenant, in circumstances, had not committed wilful and deliberate default in payment of rent. Nadeem Ahmed Alvi v. Omar Haleem 1996 MLD 791; Bashir Ahmad v. Muhammad Shafi 1989 SCMR 538 and Jehangir Rustom Kakalia v. State Bank of Pakistan 1992 SCMR 1296; Abdul Majeed Memon v. Mst. Attiya Rehman 1993 CLC 1350; Muhammad Anwar v. Syed Muhammad Sadiq 1993 CLC 1819; Muhammad Sanaullah v. Mehran Feed Industries Ltd. and others 1994 CLC 2141; Bunyad Ali v. Karim 1990 CLC 999 and Hassan Malik v. K. R. S. Iyer 1990 CLC 1729 ref. (b) Sindh Rented Premises Ordinance (XV111 of 1979)--- ----S. 15(2)(vii)---Bona fide personal need of landlord---Principle of res judicata---Applicability---Ejectment application filed earlier on same ground (of personal bona fide need of landlord) was allowed and, thus, need of landlord stood satisfied to the extent of accommodation required by landlord---Question whether subsequent ejectment application on same ground of personal bona fide need of landlord, was not barred by principle of res judicata, was not considered by Rent Controller---Validity---Principle of res judicata would apply for fair administration . of justice and to extend finality to litigation between landlord and tenant---Such question having not been addressed to by lower forums, case was remanded to Rent Controller to frame issue on point of application of bar of res judicata and to decide said issue after affording opportunity to parties to lead evidence on said limited question. Mohiuddin Ansari v. Muhammad Arif Siddiqui 1991 CLC 72; S.M. Hayat v. Commodore .(Retd.) Ikramul Haq Malik and another 1984 CLC 3176; Messrs Allied Bank Ltd. v. Messrs Rahmat Sons Ltd. 1993 MLD 844 and National Bank of Pakistan v. Muhammad Ali 1996 CLC 956 ref. JUDGMENT This First Rent Appeal is filed under section 21 of Sindh Rented Premises Ordinance, 1979 (hereinafter referred to as the Ordinance,…

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