Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)-------S. 15(2)(ii)---Default in payment of rent and water and conservancy charges---Tenant contended that established practice of paying rent of premises in lump sum was never objected to by the landlady---Burden was upon tenant to prove that landlady had voluntarily agreed for receiving rent periodically in lump sum, but tenant had failed to prove the same by whatever evidence---Landlady had proved that tenant had failed to tender agreed water charges and conservating charges---Tenant, who had committed wilful -and deliberate default in payment of rent as well as payment of conservancy arid water charges,, was rightly ordered to be ejected from premises in circumstances. Mst. Zohra Bai and another v. Messrs Standard Industries Ltd. PLD 1994 Kar. 209; Tahir Ali Bhai v. Mrs. Naz Parwar 1997 MLD 2283; Masroor Hasan and another v. Abbas Ali Khan 1981 CLC 669; Ghulam Muhammad and another v: Haji Muhammad Jamil 1982 CLC 1042; Malik Abdul Jalil v. Mst. Bargees 1987 CLC 405; Matiullah Khan v. Syed Afroz Ali NLR 1991 AC 514; Mst. Tayyaba Begum v. Taqi Haider 1994 SCMR 1913 and Amir Ali and others v. Messrs Burma Oil Mills Ltd. 1990 SCMR 1327 ref. JUDGMENT This is an appeal under section 21 of the Sindh Rented Premises Ordinance, 1979, (hereinafter referred to as the Ordinance, 1979) filed against the judgment, dated 20-7-1998 passed by the learned VIth Rent Controller Karachi (East) in Rent Case No.422 of 1996. Through the said Judgment, the appellant who is tenant of the first floor of the premises bearing No.32-C, P.E.C.H.S., Block-2, Karachi (hereinafter referred to as the tenement in question) has been ordered to be evicted on the grounds of default, subletting and for conversion of the use of the tenement in question for which it was initially allowed. 2. Previously, one Muhammad Mohsin-Israili was owner of the entire building including the tenement in question who sold the same to the respondent which fact is not in dispute. On 21-4-1990 the former landlady served a notice under section 18 of the Ordinance, 1979, upon the appellant notifying the change of ownership which, fact is against not disputed. Subsequently,…

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