2011 PLD 331 SUPREME-COURT

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IBRAHIM TRUST, KARACHI VS SHAHEEN FREIGHT SERVICES Sindh Rented Premises Ordinance 1979--15 , S. 15(2)(ii), proviso---Default in payment of rent by the tenant---Application to Rent Controller---Scope---Provision of S.15(2)(ii) of the Sindh Rented Premises Ordinance, 1979 provides two eventualities for the purpose i.e. where the time for payment of rent is fixed by mutual agreement between the tenant and landlord, the rent is payable within 15 days after the expiry of said period, otherwise within 60 days when the rent has become due for payment---Proviso to S.15 deals with a concession provided to the tenant in case the default of payment of rent committed was not exceeding a period of six months; where it was the first instance of commission of such default and this fact was admitted by the tenant on the first date of hearing, in such a situation, the Rent Controller is vested with the powers to fix the date for the purpose of such payment due, and upon compliance, reject the eviction application, if filed on the sole ground of such default in payment of rent by the tenant.