1995 PLD 295 KARACHI-HIGH-COURT-SINDH

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ABDUL HANNAN PASHA VS M.C. Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15- --Default in payment of rent- --Proof-- -Tenant was admittedly served with notice of death of landlady and the factum that her heirs were new landlords-- -Despite such notice, tenant deposited rent in the name of deceased landlady which could have been accidental or unintentional position and was rightly condoned by Rent Controller in earlier round of litigation which went up to the level of Supreme Court- --Such condonation, however, could have lasted only till the decision of earlier case or if indulgent view was taken while first appeal in relation to earlier case was pending or, at best, till such time Supreme Court decided earlier ejectment case-- -No further scope was available for complacence on the part of tenant; it ought to have corrected the wrong course chartered by it at the outset by depositing rent in wrong name with full knowledge of new title holders- --Names of successors of deceased landlady were all the time admittedly known to tenant, who were in fact part of the record-- -Courts could not keep condoning default indefinitely--Circumstances of case would not warrant any further indulgence-- -Order of Rent Controller refusing ejectment was reversed inasmuch as eviction was ordered on that ground as well.