Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Constitution of Pakistan (1973)--Art. 185(3)---Petition for leave to appeal---Examination of evidence in­depth and close scrutiny of the record showed that case of the petitioner was neither that of misreading nor of non-reading of evidence and the Appellate Court had scrutinized the evidence with diligent application of mind and the conclusion as derived was in accordance with' law and settled norms of justice---No lawful cause was available warranting interference in the impugned ---Petition for leave to appeal was dismissed. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.15---Default in payment of rent---Change of ownership---Notice to tenant ---Factum of payment of rent through cheques could not be proved by tenant as neither the cheques were got exhibited properly nor the dates of tendering the cheques were mentioned to show that due rent was sent in time---Tenant had also failed to prove that landlords had shown any reluctance or refused to receive the rent pertaining to the disputed period, and thus, the tenant could not discharge his obligation---Once the default was committed that could not be wiped out by subsequent payment and the penalty which had been incurred by reason of such a default could not be warded off by subsequent payment of rent. PLD 1964 Kar. 206; 1973 SCMR 243; PLD 1967 Pesh. 223 and PLD 1961 Lah. 788 ref. (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.15---Default in payment of rent---Rent sent by cheque being not a valid tender would not wash out the effect of default. 1986 CLC 393 and 1985 CLC 241 ref. (d) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.15---Default in payment of rent---Mere fact that during long period of tenancy, tenant defaulted in payment of rent by few days only will not warrant exercise of discretion in his favour unless default was due to reasons beyond his control. PLD 1985 Kar. 47 and 1980 CLC 664 ref. (e) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.15---Default in payment of rent---Excuse that change of ownership of the rented property was not communicated to the tenant or the rent tendered was recovered by an unauthorised person and there was no such…

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