2016 CLC 1348 KARACHI-HIGH-COURT-SINDH

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IQBAL HUSSAIN VS MOAZAM ZAHEER KHAN 1989 SCMR 1366, 1992 SCMR 1152, 1994 SCMR 1507, 1999 MLD 1014, 2001 MLD 648, 2001 SCMR 1140, 2003 CLC 278, 2006 SCMR 1501, 2006 YLR 522, 2010 CLC 599, 2010 SCMR 1925, PLD 2010 SC 483, Default in payment of rent--Term , Ejectment of tenant--Term , Sindh Rented Premises Ordinance 1979--10 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , Ss. 15, 10 & 21(1-C) (1-D)---Ejectment of tenant---Default in payment of rent---Personal bona fide need of landlord---Compromise between landlord and tenant---Scope of S.21(1-C) & (1-D) of Sindh Rented Premises Ordinance, 1979---Contention of tenant was that S.21(1-C) & (1-D) of Sindh Rented Premises Ordinance, 1979 had not been complied with by the Appellate Court and case should be remanded for decision afresh---Validity---Once landlord had confirmed on oath that he required the property for his own use then, unless he was shattered on cross examination on this point, it would be sufficient to prove the ground of bona fide use---Demised premises was required by the landlord in good faith for his own use---Tenant himself could have raised the ground of compromise at the time of hearing of eviction petition and even at the time of appeal against the order of Rent Controller---Provisions of S.21(1-C) & (1-D) of Sindh Rented Premises Ordinance, 1979 should have been pressed into service in order to reach at a compromise at an early stage of proceedings---Said provisions of law were not mandatory in nature---Tenant having not pressed compromise before the courts below, no compromise could be effected between the parties at present stage---Tenant had failed to discharge his burden of proof of the required standard that he had attempted to pay rent to the landlord or his rent collector and they refused to accept the same---Tenant, on receipt of legal notice, should have immediately attempted to pay rent directly to the landlord or his rent collector and only on their/his refusal he should attempt to pay the same either by postal money order to the landlord or deposit the amount before the Rent Controller---No misreading or non-reading of evidence had been pointed out in the impugned orders passed by the courts below---Tenant had willfully defaulted in payment of rent---Constitutional petition was dismissed in circumstances.