Law:

Section:

This is a landlord's appeal. Eviction before the learned Controller was sought on the ground of default in payment of rent. On facts, it was pleaded by the appellantlandlord, State Life Insurance Corporation of Pakistan, that the respondent, tenant in relation to shop premises No. 15 in State Life Building No.1, Dundas Street, Off Zaibunnisa Street, Saddar, Karachi was a chronic defaulter, not having paid rents for the period January, 1985 to April, 1985. The tenant, in defence, pleaded that the landlord habitually collected rents for 2, 3 or even 6 months at a time against bills issued in advance and otherwise too used to issue receipts without mentioning even the period for which the rent was paid. Such payments, through cheques, were accepted by the landlord applicant on account. At times, allegedly, even receipts were not issued. As to the claimed period of default, it was maintained that for the months January to March, 1985, a consolidated bill was issued, which was payable after the expiry of March, 1985, as that month was included in the bill. The tenant avowedly made out a cheque for six months on 26-3-1985 (inclusive of 3 months in advance) but such could not be paid as the proprietor of the tenant fell ill. A letter dated 18-3-1985 was, allegedly, received by the tenant on 30-3-1985, intimating that the landlord was discontinuing the practice of issuing bills from the 1st of April, 1985, and that due rents should be paid not later than the 10th of the next following month. In such circumstances, the tenant's proprietor, recovering from sickness, went to the landlord's office on 8-4-1985 to pay the billed amount as well as three months rent in advance but the concerned clerk refused to accept the same. The Real Estate Manager of the landlord was thereupon contacted but declined to issue instructions and on the contrary allegedly demanded exorbitant rent. Another attempt was made on 9-4-1984 by the tenant but is pleaded to have aborted. Hence, the tenant dispatched a money order on 9-4-1985  and also addressed a registered letter on 144-1985 to the chairman of the landlord-corporation. The money order was refused and returned on 27-4-1985, whereupon the tenant filed Miscellaneous Rent Case No.1758 of 1985 and made necessary deposit for a period of six months ending June, 1985. May 1, being Labour Day the Miscellaneous Rent Case had been submitted o ' n 2-5-1985 and Friday falling on 3-5-1985 deposit was made on 4-5-1985.

In evidence, the, landlord examined Peer Khan son of Barah Khan, Assistant Manager, Real Estate Division of the Corporation, who produced a photostat copy of the General Power of Attorney dated 22-11-1982, issued by Agha Nasir Ali ( purporting to be Executive Director' of the State Life Insurance Corporation of Pakistan and holder of a General Power of Attorney dated 10-1-1982), in favour and in the name of M. Jafer Hussain SiddiquL an officer of the Corporation. Jafer Hussain Siddiqui had signed and affirmed to the rent application. He also produced a memorandum of authority in his own name issued by Nazier Alunad Jafri authorising him to appear as a witness, some receipts, most for more than a month at a time, the referred notice of the landlord dated 18-3-1985 and the tenant's letter dated 14-4-1985 to the Chairman of the landlord-Corporation-, He, in essence, subscribed to the averments in the application but admitted that rent, as per practice, was not accepted in cash. He conceded that bills were issued for payment to tenants but that, he added, was only by 'way of courtesy. Looking at the receipts produced by him he was unable to state. as to what periods were covered by them. The receipts were silent regarding the periods of payment. He denied the attempts at payment by the tenant but, as said above, produced the tenant's letter dated 144-1985, incorporating the referred attempts. No reply was admittedly joined to such letter. The tenant's proprietor from his side only examined himself, reiterating his allegations. He produced the allegedly prepared cheque dated 26-31985, a medical certificate, money order receipts and coupon and a challan indicating deposit in the referred Miscellaneous Rent Case.