Law:

Section:

The present appeal is directed against order dated 17-7-1988, passed by the iiird Senior Civil Judge, Karachi (East), dismissing Rent Case No.3250 of 1977 , renumbered as Rent Case No.1603 of 1985, riled by the appellant against the respondent on the ground of default in payment of rent.

The tenancy in respect of property, bearing House No.4, Blocks 7 and 8, Karachi Memon Cooperative Housing Society, Karachi was created between the parties under agreement dated 1-4-1975. The rent was agreed at Rs.1,000 per month. The respondent paid a sum of Rs.12,000 to the appellant being 50% of the advance rent for the period of two years and 50% of the monthly rent i.e. Rs.500 per month was payable every month from 1-4-1975. On expiry of the said two years, the monthly rent of Rs.1,000 became payable from 1-4-1977. According to the appellant, the respondent made payment of the rent during the period April, 1975 up to July, 1976 in cash or by incurring expenses on electric works or payment of taxes as authorised by her, leaving a balance of Rs.147.60 on account of arrears of rent. The respondent also failed to pay Rs.500 per month as stipulated under the agreement from August, 1976 to March, 1977 and after expiry of the two years, he further neglected to pay rent at the rate of Rs.1,000 per month from April, 1977. The respondent in his written statement without specifically denying the averments made in the application, alleged to have made up to date payment till 17-2-1977. According to him, on 17-2-1977, the appellant had executed an agreement of sale in respect of the demised property and thereafter the relationship between the parties came to be governed in terms of the said agreement. The sale was to be concluded after observance of formalities required to be completed by the concerned Cooperative Housing Society and in the meanwhile the respondent was permitted to carry out additions and alterations which he did at a considerable expense. However, the appellant failed to execute the registered sale-deed within the stipulated period and when the respondent called upon her to execute the deed by notice dated 11-6-1917 , she denied the execution of agreement of sale. On such denial by the appellant, according to the respondent, he, by way of abundant caution paid rent through cheque dated 1-8-1977 and continued sending the rent by cheques. Subsequently, he came to know that the cheques sent by him to the appellant were not enchased and, therefore, he started depositing rent in Miscellaneous Rent Case from November, 1977. He thus denied having committed any default in payment of rent. It is further disclosed that the appellant riled Suit No.558 of 1977 in this Court- for cancellation of the agreement to sell dated 17-2-1977 and the respondent riled Suit No.780 of 1977 for specific performance of the contract.