Law:

Section:

Defence-- —Tenant—Defence of—Striking off--Challenge to—Delay in payment of rent admitted but request was made to condone delay in exercise of discretionary powers—Request is not justified—Explanation of tenant that delay occurred due to his illness, was not accepted by Controller-No medical certificate in proof of illness was produced-Held: Reasoning given by Controller and his refusal to condone delay are perfectly justified—Appeal dismissed. [P.43JAB . ORDER Urgency application granted. (1) Granted subject to all just exceptions. (2) This appeal is directed against the order of 1st Senior Civil Judge and Rent Controller, Karachi (East) striking off the defence of the appellant under sub-section (2) of Section 16 of the Sindh Rented Premises Ordinance, 1979. It was alleged that the opponent had deposited rent for the month of October, 1989, two days after the last date for depositing of the rent. Besides, the rent for ecember, 1989 and January, 1990 was deposited as late as first week of March, 1990. Hence there was clear non-comliance of the order of deposit of tentative rent passed on 11-7-1984.Mr. Athar Saced, Advocate for Appellant. Counsel for respondent absent. Dale of hearing: 8.12.1991. JUDGMENT This F.R.A. is directed against the Judgment of Ist.Senior Judge and Rent Controller, East Karachi dated 2-4-1990, whereby he dismissed the ejectment application filed by he appellant against the Respondent 2. Appellant is the owner of House No.C-124/9, Malir Colony, Karachi.There are four shops on the ground floor of this house. Respondent is tenant ofthe appellant in respect of shop No.l. The monthly rent is Rs.400/-. The respondent had undertaken to vacate the shop after eleven months. In the Rent Note executed between the parlies on 15-11.-1987 it was also mentioned that the tenancy had started from 1-3-1987. Instead of vacating the shop on expiry of eleven months, as agreed, the Respondent started depositing rent with the Controller vide M.R.C. No.211/ 1988 without any notice or intimation to the appellant. The appellant, therefore, filed the ejectment application on the ground that the shop in question was required by him for his bonafide personal need.…

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