2012 YLR 74 KARACHI-HIGH-COURT-SINDH

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Mrs. GHAZALA IFTIKHAR VS CONTROLLER/ADDITIONAL CONTROLLER OF RENTS 2001 SCMR 671, Appeal--TERM , Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--24 , Ejectment of Tenant--TERM , Ss.17 & 24---Appeal---Ejectment of tenant---Default in payment of monthly rent---Contention of landlord was that tenancy agreement had provided that rent was payable in advance on 5th of each calendar month and rent for the months of September and October, 2007 was tendered for the first time through money order on 17-11-2007---Ejectment application filed by landlord was allowed by Rent Controller and eviction order was passed against tenant on the ground of default in payment of monthly rent---Validity---Rent for September and October, 2007, was tendered on 17th November, 2007 i.e. well beyond the statutory period of 15 days---Default period commenced from 21-9-2007, therefore, eviction order was rightly passed by Rent Controller---Appeal was dismissed in circumstances.