Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)- -----S. 21---Terms and conditions scribed in tenancy agreement ---Expiry of tenancy agreement---Effect---Terms and conditions of tenancy agreement between parties would continue to operate, notwithstanding, termination of such agreement---Such terms and conditions would govern continuance of tenancy as visualised in definition clause---Tenant who had failed to pay rent in accordance with terms of tenancy agreement would be deemed to be defaulter rendering himself liable to ejectment. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.21---Costs imposed on respondent not claimed by petitioner---Claim of costs having been waived, same should not be deposited in Court by respondent. 1990 CLC 1729; PLD 1971 Lah. 610; PLD 1988 SC 190 and 1981 SCMR 93 ref. THIS JUDGMENT DELIVERED BY: RAJA QURESHI, JUSTICE;---.--- This appeal is directed against the judgment dated 12-12-1993 passed by the learned Vth Senior Civil Judge/Rent Controller (East), Karachi, wherein the ground of default though admitted by the learned trial Court has resulted into the dismissal of the ejectment application. The brief facts of the appellant's case are that the respondent is his tenant in respect of demised premises vide agreement dated 13-3-1972 at a monthly rent of Rs.210 payable before the 5th of each calendar month. It has been further stated that the respondent had failed and neglected to pay or tender monthly rent to the appellant for the month of June, 1992 to August, 1992 and had paid the same through money order on 1-9-1992 while rent for the month of September and October had not been paid till the filing of the ejectment application before the trial Court. The respondent through their written statement and evidence having been brought on record have taken a position that the agreement in question in respect of the disputed premises had expired and was not validated by execution of afresh agreement and consequently the respondent's status was converted to that of a statutory tenant. Upon perusal of the written statement filed by the respondent it has been conceded that the agreement relates to a tenant and not a lessee.…

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