Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 13 & 15 (4)-Finding on question whether there was default in payment of rents--Finding one on a mixed question of law and fact­ Concurrent findings of Courts below on point could be displaced by High Court in second appeal-Production of one solitary receipt showing lump sum payment of rent for three months together ­Would not lead to presumption that practice of receiving rent periodically was adopted by landlord. ORDER MUHAMMAD YAQUB ALI, J.-This appeal by special leave arises cut of an application filed by Noor Muhammad respondent, under section 13 of the Real Restriction Ordinance, 1959, for eviction of Mohammad Alam, appellant, from a hotel premises, in Shahdadpur, Inter alia on the ground of default in payment of rent for the months of August and September 1965. The appellant admitted failure to pay rent by the 15th day of every month as required by section 13, but pleaded exemption from eviction on the ground that he used to pay rent after two or three months and thereby a practice had grown up for payment of rent periodically. In support of the plea, he filed receipt Exh. 48, evidencing payment of rent for November-December, 1964, and January 1965, together on 11-3-1965. The Controller accepted the plea of defence and held that the appellant could not be said to have made default as the respondent landlord "already used to accept rent for threw months." On appeal by the respondent the District Judge agreed with the findings of the Controller and maintained the dismissal of the application for eviction. On further appeal, a learned Judge of the High Court reversed the concurrent findings of the Rent Controller and the District Judge in the view that one solitary instance of payment of rent for three months together in 3½ years of tenancy did not constitute a "practice" which will vary the statutory time fixed for payment of rent, namely, within fifteen days after the expiry of the time fixed in the agreement of tenancy or in the absence of such agreement within sixty days for the period for which rent is payable under the agreement of tenancy. Rent was payable in this case before the 5th…

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