1993 CLC 412 KARACHI-HIGH-COURT-SINDH

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RAHMAT KHAN VS ABDUL RAZZAQUE Sindh Rented Premises Ordinance 1979--10 , Ss. 15 (2) (ii) & 10---Default in payment of rent---Evidence on record had established that tenant offered disputed rent to landlord, but landlord refused to receive same and demanded enhancement of rent---Tenant, after such refusal tendered rent through money orders, which were also refused and it was thereafter the rent was deposited in Court---No default in payment of rent occurred till the time when ejectment application was filed by landlord and it was therefore proved that tenant made payment in terms of S. 10 of the Ordinance---Tenant was old tenant and nothing was on record to suggest that he was irregular in payment of rent to landlord---When allegation of default was made alongwith other allegations, Rent Controller must begin with enquiring as to whether such defaults were coined to lend support to other grounds on which eviction of tenant was sought---Such evidence of default should be carefully scrutinised to find out motive behind same---Rent Controller rightly found that tenant had not committe