2017 CLC 626 KARACHI-HIGH-COURT-SINDH

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NAEEM NOOR MUHAMMAD VS The IIND ADDITIONAL DISTRICT JUDGE, KARACHI SOUTH 1987 MLD 2971, 1991 MLD 349, 1994 CLC 1139, 1995 SCMR 330, 1996 MLD 1141, 1997 CLC 1186, 1999 YLR 746, 2001 SCMR 1888, 2006 SCMR 1501, 2007 SCMR 174, 2010 CLC 561, 2010 SCMR 1925, 2012 YLR 2246, 2013 YLR 1405, 2014 YLR 1901, PLD 1993 Kar. 642, PLD 2004 Kar. 502, Ss. 15, 10 & 18---Ejectment of tenant---Lease agreement---Default in payment of rent---Determination of---Procedure---No mutual agreement was reduced to writing between the parties for payment of rent---Landlord purchased the demised premises and notice was served upon the tenant for change of ownership on 15-07-2006---Period stipulated for payment of rent under S.18 of Sindh Rented Premises Ordinance, 1979 would expire on 14-08-2006---Default within the purview of S.15(2)(ii) of Sindh Rented Premises Ordinance, 1979 would arise if tenant had failed to pay rent in absence of mutual agreement within sixty days after the rent had become due for payment---Tenant tendered rent through money order to the landlords within stipulated period when it was due but same was not received---Tenant thereafter deposited rent through Rent Controller which was again within stipulated period---No default in payment of rent had been committed by the tenant in circumstances---Judgment passed by the Appellate Court was contrary to law and settled principles of administration of justice---Impugned judgment was set aside and order passed by the Rent Controller dismissing the eviction petition was restored---Constitutional petition was allowed in circumstances.