Law: Sindh Rented Premises Ordinance (XVII of 1979)

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

Law: Sindh Rented Premises Ordinance (XVII of 1979)

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

(a) Sindh Rented Premises Ordinance (XVII of 1979)-------S. 10---Payment of rent---Modes---Payment through banking channel---Validity---Keeping in view convenience of landlords, law provides for payment directly to them but at the same time, it visualizing possible difficulties of tenants it does not make it mandatory---Non-­mention of consequences and use of words "as far as may be" clearly shows that provision of law in S.10(2) of Sindh Rented Premises Ordinance, 1979, is directory and not mandatory---Use of word "may" in S.10(3) of Sindh Rented Premises Ordinance, 1979, also shows that refusal or avoidance to receive rent is not an essential condition for sending rent by postal money order or depositing, it with Rent Controller---It is also not necessary that before depositing rent with Rent Controller, it should be sent by postal money order---Modes are independent, and neither of the two modes is dependent upon the other---One may opt for any mode without first trying the other---Two modes are also not exhaustive and they do not exclude other modes of payment i.e. payment through banking channel cannot be treated as illegal. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ---Ss. 10 & 15---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant---Default in payment of monthly rent---Avoidance to receive rent---Deposit of rent with Rent Controller---On avoidance of landlady to receive monthly rent, tenant started depositing the same with Rent Controller---Landlady sought ejectment of tenant on the ground of default in payment of monthly rent---Rent Controller and Lower Appellate Court concurrently passed eviction order against tenant---Plea raised by tenant was that landlady avoided to receive rent as she demanded increased rent, therefore, rent was regularly being deposited with Rent Controller---Validity---Refusal of landlady to receive rent directly was not the only justification for opting the other modes---Avoidance was also a justification which could be inferred from the conduct of landlady---Conduct of landlady in abruptly demanding rent at exorbitantly high rate of Rs.5000 in place of agreed rate of Rs.605…

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