2020 CLCN 38 KARACHI-HIGH-COURT-SINDH

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UNITED BANK LIMITED VS MOHAMMAD SIDDIQ BAWA GADIT Ss. 15, 10 & 16---Ejectment of tenant---Default in payment of rent--Arrears of rent, payment of---Requirements---Tentative rent---Non-payment of---Effect---eviction petition was accepted by the Rent Controller but Appellate Court dismissed the same---Validity---Rent Controller passed order for payment of arrears of rent but tenants had failed to pay the same---Tenants had committed default in payment of rent in circumstances---Landlord had denied the receiving of pay orders for payment of rent---Tenants should have proved not only the alleged pay orders but also encashment of the same---Even payment of rent through pay order was not a recognized mode as provided under S. 10 of Sindh Rented Premises Ordinance, 1979---Tenants should have paid rent through money orders or otherwise deposited the same in the Court---Tenants had failed to pay rent in accordance with law and they were liable to face the consequences---Impugned judgment passed by the Appellate Court was result of mis-reading and non-reading of evidence which was set aside and that of Rent Controller was restored---Constitutional petition was allowed, in circumstances.