Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)---S. 15--Constitution of Pakistan (1973), Art.185(3)---Ejectment of tenant--­Leave to appeal was granted to tenant under orders of ejectment for default, to examine whether Courts below had correctly adopted and accepted specific amount per month as the rent due from tenant and in holding him to be in default in the payment of that rent. (b) Sindh Rented Premises Ordinance (XVII of 1979)--S. 15---Constitution of Pakistan (1973), Art.185(3)---Rate .of rent---Tenancy agreement showed the rent to be Rs.150---Landlord relying on statement on oath by tenant before Court of Small Causes stated rent to be Rs.190 p.m.---Tenant's statement made before Court of Small Causes if read as a whole showed that enhancement of rent had to take place on provision of certain other facilities, particulars of which were not elicited---Tenant taking the oath had made provision of facilities, a precondition for enhancement of rent---Landlord had not showed that facilities promised or agreed had been in fact provided---In absence of such assertion or proof landlord could not be held entitled to the rent at the enhanced rate simply on the basis of special oath---Courts below having. committed an error of law in fully understanding and interpreting special oath, their finding was liable, to be set aside---Appeal was allowed in circumstances. JUDGMENT SHAFIUR REHMAN, J.--Leave to appeal was granted to the tenant under orders of ejectment for default to examine whether the authorities had correctly adopted and accepted Rs.190 per month as the rent due from the appellant and in holding him to be in default in the payment of that rent. 2. It was the admitted position between the parties that the rent note executed on 23rd of March, 1969 provided a monthly rent of Rs. 150 per month apart from other charges for the utilities, from tenant. The respondent/landlord sued for the ejectment of the appellant on three grounds, of default, of personal need and of damage to the property. In alleging default, rent at the rate of Rs.190 per month was claimed and due from 1-6-1976 to 15-10-1976, for which period the default in the payment of rent was…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492