2001 YLR 442 KARACHI-HIGH-COURT-SINDH

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VS 1992 CLC 2253, 1992 MLD 1014, 1997 CLC 216, 1997 MLD 3240, PLD 1993 Kar. 50, Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , ----Ss. 10 & 15---Ejectment of tenant--Default in monthly rent---Deposit of rent in Court instead of tendering the same directly to the landlord---Tenant was not given receipts of rent deposited with landlord, therefore, he started depositing the same with Rent Controller and the landlord was duly informed by the tenant---Rent Controller did not consider the deposit of rent in the Court as valid tender of rent and holding the tenant as wilful defaulter allowed the ejectment application and ordered the eviction of the tenant---Validity---Where tenant succeeded to show that by his conduct the landlord avoided to receive rent, and tenant made a bona fide, legal, valid and proper tender of rent in favour of the landlord by depositing the same with the Rent Controller and committed no default in payment of rent, order passed by Rent Controller was set aside and the ejectment application filed by landlord was dismissed.