2009 YLR 1881 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD IDREES QURESHI VS MUHAMMAD KASHIF KHAN 1993 SCMR 356, 2005 CLC 3, 2007 CLC 462, 2007 SCMR 1602, PLD 1989 SC 503, PLD 1991 SC 265, PLD 1996 Karachi 440, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--10 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 , Ss. 2(F) (J), 10 & 15(2) (ii) (iii) (a)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant on grounds of default in payment of rent and subletting---Mode of payment of rent in case of refusal of landlord to accept rent---Petitioner, who was real tenant had been paying rent of premises, but subsequently when landlord allegedly refused to accept rent, the tenant tendered rent with Rent Controller on miscellaneous application---Alleged sub-tenant was real brother of the petitioner/tenant through him rent was being paid to the landlord---Contention of tenant was that he offered to pay the rent to the landlord and when landlord refused to accept the same, he deposited the amount in the Court---Under provisions of S.10 of Sindh Rented Premises Ordinance, 1979 three modes of payment of rent had been provided, firstly rent should be paid directly to the landlord, secondly in case of refusal or avoidance on the part of landlord rent could be sent through postal money under A.D. and thirdly rent could be deposited with Rent Controller within whose jurisdiction premises was situated---Since the landlord allegedly refused to accept the rent from the petitioner/tenant, the burden shifted to the petitioner to prove that he had tendered the rent to the landlord according to S.10 of Sindh Rented Premises Ordinance, 1979---Court below found petitioner as wilful defaulter, because he had simply started paying rent directly into miscellaneous rent case without being able to prove that he attempted to tender the same to the landlord directly or through pay order which was required before adverting to paying the rent into the miscellaneous rent case---Petitioner, had not been able to produce any postal receipt for the rent which he allegedly sent in terms of S.10(4) of Sindh Rented . Premises Ordinance, 1979---Key to S.10(3) of Sindh Rented Premises Ordinance, 1979 was to prove that the landlord had refused to accept rent, but the petitioner, apart from his own statement, had produced no other evidence that landlord had refused to receive the rent---Petitioner, in circumstances, had failed to prove that he had complied with S.10 of the Sindh Rented Premises Ordinance, 1979---Tenant was rightly held to be real tenant and not sub-tenant, but Authorities had rightly held the tenant as proved to be wilful defaulter in payment of rent---Petitioner was liable for eviction from the suit premises---Petitioner, however was given one year to hand over the vacant possession of the suit premises to the landlord.