Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)-------S. 16(1)(2)---Constitution of Pakistan (1973), Art. 185(3)---Default in payment of rent---Leave to appeal---Default only for one month was condoned by High Court accepting explanation of tenants that Court was closed in month in which rent was due and that they were under impression that after opening of Court they were still entitled to deposit rent on or before stipulated date of next month---High Court in condoning delay, held, could not be said to have exercised its discretion without sufficient cause having been shown. ORDER SA. NUSRAT, J.---The proceedings of eviction were filed in respect of a shop-cum-godown premises in this case by the petitioner whereupon a tentative rent order was passed on 26-3-1987 by the learned Rent Controller. It appears that after complying with the order with regard to the payment of the arrears of rent, the respondents deposited rent for the month of May, 1987 on 7-7-1987 although in terms of the tentative rent order they were required to pay rent by the 10th of every calendar month. In the circumstances, an application for striking off the defence was moved by the petitioner alleging default in payment of rent for the…

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