Law:

Section:

This appeal under section 21 of the Sindh Rented Premises Ordinance, 1979 , hereinafter called the Ordinance, is directed against order dated 15-9-1988 passed by the then learned IIIrd Rent Controller, Karachi, East, whereby he dismissed eviction application filed by the appellant. The facts relevant for decision of this appeal are as follows:--

Appellant Mst. Nasima Begum, on 11-3-1985, filed eviction application against respondent on the ground of default in payment of rent. Her case is that she is the owner of Flat No. 1, situate on Plot No.B-1/210, 211, Kashan-e-Nasima, Shahnawaz Bhutto Road, Soldier Bazar, Karachi, and the respondent is her tenant in said premises since 1-2-1977 on monthly rent of Rs.75. In the year 1978 the Excise and Taxation Authorities increased the tax and assessed it on the basis of Rs.40 per room. the appellant challenged said increase in tax before the Excise and Taxation Authorities and had filed the appeal No.848 of 1978, which, however, was dismissed on 22-11979. Consequently, on 26-6-1982, she served a notice upon respondent, asking him to pay monthly rent at the rate of Rs.120 on the basis of latest assessment carried out by the Excise and Taxation Authorities. It is alleged that respondent, in spite of receipt of above notice, failed to pay her rent at above rate from May, 1979, as such, he is a wilful defaulter. The respondent, in Written Reply, resisted the claim of appellant and maintained he had never paid rent to appellant at above rate and when the appellant refused to accept rent at the rate of Rs.75 p.m., he, having no other alternative, deposited rent in Miscellaneous R.C. No.4233 of 1979. According to him, no default in payment of rent, either before May, 1979 or thereafter, was committed by him.