1987 CLC 1714 KARACHI-HIGH-COURT-SINDH

Full text

ALLAH BUX VS SARWARI BEGUM Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 Ss. 15(2)(ii) & 21(1)--eviction of tenant--Default in payment of rent--Proof--Expiry of tenancy agreement--Position of security deposits lying with the landlord--Whether adjustable towards rent due--Security deposits more than amount of alleged default, which was refundable at time of expiry of tenancy agreement was still lying with landlord even after expiry of said tenure of agreement--After expiry of tenancy agreement, relations between parties being governed purely by statute--Amount of security deposit which was not refunded to tenant after expiry of tenancy agreement, held, could have been adjusted against alleged amount of default when statutory tenancy started after expiry of such agreement--Default if any on part of tenant, being highly of technical nature, Rent Controller should have exercised his discretion in favour of tenant.