1987 CLC 1484 KARACHI-HIGH-COURT-SINDH

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ROSHAN HABIB VS HAJI USMAN Sindh Rented Premises Ordinance 1979--13 , Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , S. 13--Sind Rented Premises Ordinance (XVII of 1979), Ss. 13, 14, 15 & 21--Ejectment on ground of default in payment of rent--Plea taken by tenant that he used to tender rent by cheques regularly--Payment of rent by mode of cheque was not a legal tender and word of tenant was not sufficient to prove that cheque was sent--Production of counterfoils of cheques not sufficient to substantiate contention--Tenant thus, in default of three months' rent at time of filing rent case--Practice of payment of rent by cheque even if evolved with mutual consent of parties could not override relevant provision of law and tenant could not be permitted to set up such practice as a defence--Security deposit paid to landlord could not be claimed to be adjustable towards rent in absence of agreement to that effect between parties--Tenant, held, had committed wilful default in payment of rent and was liable to be -evicted-eviction order passed by Rent Controller maintained.