Law:

Section:

—-Tenant-Ejectment of-Default in payment of rent-Ground of--Whether water charges are included in rent—Question of—Default in payment of water charges pertains to period when rented premises were situated within Cantonmeni Area and water charges were directly recoverable from occupiers of such buildings under Section b5 of Cantonments Act, 1924-Appellant was directly given water connection for premises in dispute and was paying water charges directly to Cantonment Board-Held: Failure to pay water charges cannot be considered to be default in payment of rent particularly when Cantonments Rent Restriction Act unlike Sindh Rented Premises Ordinance, 1979. has not provided any definition of term Rent giving it an extended meaning as it is given in latter enactment—Appeal accepted. [Pp.l05106]A,BC 1983 CLC 845 distinguished. JUDGMENT The Appellant Abdul Hussain is a tenant of Mrf.Kubra Bai, the Respondent erein, of a residential premises No.2 of Kubra Manzil, situated on Plot No.12/6,Saifee Market, Model Colony, Karachi, owned by her. The Appellant wasinducted as a tenant on agreed rent of Rs.90.00 per month excluding water and• electricity charges. Mtf.Kubra Bai on 14.7.1986 filed an application under Section 15 of the Sindh Rented Premises Ordinance, 1979 in the Court of I Senior Civil Judge and Rent Controller Karachi (East) for ejectment of her tenant on the ground that he had committed default in payment of rent from February 1985 to June 1986 and for the month of February 1983 in addition to that period. She further claimed that the tenant did not pay water charges from 1978/79 to 1985/86 as well. The Application was resisted by the tenant. He asserted that the rent was regularly deposited firstly in the Court of Controller of Rent, Malir Cantonment in Rent Case No.15/83 and thereafter in the Misc. Rent Case No.1066/88 filed before the Rent Controller Karachi. He further stated in the written statement that he was paying water bills directly to the Cantonment Board and he did not pay the same because the supply of water was disconnected by the Cantonment Board and no bills were issued to him. He generally denied the allegations and stated that he is not liable…

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