2016 CLCN 153 KARACHI-HIGH-COURT-SINDH

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ABDUL WAHAB VS SAIFEE HOSPITAL Default in payment of rent--Term , Legality--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Default in payment of rent---Direct deposit of rent in court without offering to the landlord---Legality---Personal bona fide need of landlord---Scope---Tenant did not tender the rent to the landlord directly or through money order and deposited the same in the court---Direct deposit of rent in the court without offering to the landlord and remitting postal money order was not valid deposit of rent---When landlord refused to accept the rent, it was mandatory for the tenant first to remit the same through postal money order and if that was not done, depositing of rent in the court would not absolve the tenant from being defaulter for the relevant period---Tenant depositing rent directly in the court, had committed default in payment of rent---Landlord for seeking eviction of a tenant was only required to prove his/her bona fide need which would stand discharged the moment he/she appeared in the witness box and made statement on oath which remained un-shattered in cross-examination---Landlord had established the plea of personal bona fide use of demised premises---Choice for selecting the premises for business was prerogative and discretion of the landlord---Tenant or Rent Controller had no authority to determine as to where or at which place the landlord should establish business---No illegality, material irregularity, mis-reading or non-reading of evidence had been pointed out in the impugned judgments passed by the courts below---Tenant was directed to vacate the demised premises within a period of four months---Constitutional petition was dismissed in circumstances.