2014 YLR 884 KARACHI-HIGH-COURT-SINDH

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INTERNATIONAL BUSINESS MANAGEMENT VS S. AZIZ AHMED 1985 SCMR 21, 1987 SCMR 216, 1991 SCMR 199, 2003 SCMR 1580, PLD 2004 SC 690, Constitutional petition--TERM , General Clauses Act 1897--10 , Sindh Rented Premises Ordinance 1979--16 , Striking off defence--Term , West Pakistan General Clauses Act 1956--9 , S.16(2)---West Pakistan General Clauses Act (VI of 1956), S.9---General Clauses Act (X of 1897), S.10---Constitution of Pakistan, Art.199---Constitutional petition---Default in pay-ment of rent---Scope---Ejectment order---Striking off defence---Monthly rent was deposited by tenant with the delay of one day from the last date fixed by Rent Controller on account of the circumstances beyond his control as it was holiday on the said date---Effect---Petitioner/tenant was not at fault, so as to penalize for not depositing the rent on last day being Sunday---Last day was public holiday and the petitioner had deposited the rent on the next day on Monday, which could not be treated as a default---Deposit made on the date next after public holiday was valid---Extreme penalty of striking off tenants defence/eviction would not be called for when non-compliance with order was a technical default and not wilful---Unintentional and bona fide act on tenant's part in depositing rent strictly in observance of letter and spirit could not be equated with non-compliance with order, making tenant liable to eviction---Before passing the tentative rent order, it was incumbent upon Rent Controller to determine whether deliberate default had been committed in respect of rent of demised premises by the tenant or not---Impugned order was set aside, matter was remanded to Rent Controller for decision afresh on merit---Constitutional petition was allowed.