1989 MLD 1786 KARACHI-HIGH-COURT-SINDH

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M.S. THARIANI VS YOUSUF Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---S.15--West Pakistan Urban Rent Restriction Ordinance (VI of 1959); S.13-Default in payment of rent--Tenant not in arrears when application for eviction was filed against him--Rent Controller failing to evaluate effect of payments which were made by tenant in miscellaneous application--Rent Controller also failed to give weight to order of Small Causes Court who arrived at a clear cut decision by finding of fact that tenant had paid rent to landlord in respect of premises question--Landlord showed ignorance about proceedings before Small Causes Court and as such proving himself to be a dishonest witness who had not come'' to Court with clean hands—the fault in payment of rent, held, was not proved in~ circumstances.