1986 CLC 1549 KARACHI-HIGH-COURT-SINDH

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ABDUL QADAR VS QAISER JAHAN Sindh Rented Premises Ordinance 1979--21 , Ss. 15(2)(ii) & 21(1)--Default--Rent deposited in Court--Entire rent for relevant period of default admittedly was deposited by tenant with Rent Controller much before filing of eviction application--Landlady alleged that prior to filing of eviction application, she served registered notice on tenant demanding payment of rent--Landlady neither put any such question to tenant when he was in witness-box nor notice was produced in her evidence--Fact that landlady had not refused to accept rent was disputed and there was word against word--Rent Controller, held, should have disallowed rent application on ground of default in circumstances.