2006 SCMR 1872 SUPREME-COURT

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MUHAMMAD ASIF KHAN VS SHEIKH ISRAR 1987 SCMR 1313, 1995 SCMR 204, 2001 SCMR 1140, Sindh Rented Premises Ordinance 1979--10 , Sindh Rented Premises Ordinance 1979--15 , ---Ss. 10 (3) & 15---Ejectment of tenant---Wilful default in payment of monthly rent---Deposit of rent in the office of Rent Controller---Principle---Tenant had been continuously tendering rent to landlord through money order but suddenly he started depositing same in the office of, Rent Controller---Landlord filed ejectment application on the ground of default, which was allowed by Rent Controller but High Court in exercise of appellate jurisdiction set aside the eviction order and ejectment application was dismissed---Validity---Nothing was available on the record to show that landlord ever refused to accept rent by tender so as to entitle or give any justification to tenant to send monthly rent through money order or thereafter to change even such mode into deposit of rent in the office of Rent Controller---Deposit of rent in the office of Rent Controller by tenant in absence of any proof of refusal by the landlord, would not be a valid tender in the eyes of law---Conduct of tenant, in circumstances, would be termed to be contumacious as it would operate as an act of harassment to landlord---Rent Controller was justified in passing order of ejectment against tenant---Judgment of High Court was set aside and tenant was evicted from the premises---Appeal was allowed.