Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 10(2)(3),15(2)(ii)

Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 10(2)(3),15(2)(ii)

(a) Sindh Rented Premises Ordinance (XVII of 1979)------S. 10(2)(3)-Words "as far as may be" occurring in S.10(2), Sindh Rented Premises Ordinance, 1979---Significance---Non-mention of consequences and use of words "as far as may be" clearly shows that S.10(2) is directory and not mandatory---Use of words "may" in S.10(3) of the Ordinance shows that refusal or avoidance to receive rent is not essential condition for sending the rent by postal money order or depositing the same with the Rent Controller---Refusal of landlord to receive rent directly is not the only justification for adopting other modes of tendering the same---Avoidance is also a justification and one may infer avoidance from the conduct of a landlord---Principles. According to subsection (2) of section 10 of the Sindh Rented Premises Ordinance, 1979, the rent shall, as far as may be, be paid to the landlord, who shall acknowledge receipt thereof in writing and subsection (3) provides that where the landlord has refused or avoided to accept the rent it may be sent to him by postal money order or deposited with the Controller within whose jurisdiction the premises is situated. The use of words "as far as may be" in subsection (2) is not without significance. There can be situations in which it may be very difficult to pay rent directly to a landlord as for example where he is residing at a far-off place within or outside the country. Keeping in view the convenience of landlords, the law provides for the payment of rent directly to them but at the same time, it, visualizing the possible difficulties of tenants, does not make it mandatory. Non-mention of consequences and use of words "as far as may be" clearly shows that the provision is directory and not mandatory. The use of word "may" in subsection (3) also shows that refusal or avoidance to receive rent is not an essential condition for sending the rent by postal money order or depositing it with the Controller. Refusal of landlord to receive rent directly is not the only justification for adopting other modes of tendering it. Avoidance is also a justification and one may infer avoidance from the conduct of a landlord. In the present case, the…

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