| Citation(s) |
|---|
| 1990 SLG 329 1990 SLD 329 = 1990 CLC 1541 |
First Rent Appeals Nos.385 and 386 of 1986, decided on 6th December, 1987.
Mamoon Kazi, J
Mst. KHURSHEED BEGUM---Appellant
VERSUS
Haji MUHAMMAD ASGHAR and others---Respondents
Law:
Section:
I propose to dispose of F.RA. No. 385/86 and F.RA. No. 386/86 by this judgment as the same involve common questions of law and the facts of the two cases are also more or less similar. The appellants who were tenants in respect of the separate tenements situated in the premises known as Ghousia Manzil, situated on Plot No. 26/168, Drigh Road, Karachi are aggrieved by the two orders, separately passed by the learned Rent Controller Cantonments, Karachi, dated 29-4-1986, under section 17 (9) of the Cantonments Rent Restriction Act, 1963, striking off the appellants defence and directing them. to hand over vacant possession of the demised premises to the respondent Q landlord within sixty days of the passing of the impugned order. Admittedly the two appellants who are mother and daughter inter se had failed to comply with the tentative rent orders earlier passed by the learned Controller on 10-10-1980, separately ordering the appellants to deposit arrears of rent and also further monthly rent before the fifth of each succeeding month. Admittedly, default had been committed by the two appellants as rent for the months of July, August and September, 1981 had been deposited by them on fifth August, fifth September and sixth October,, 1981 respectively. The respondent then applications seeking orders under section 17 (9) of the aforesaid Act against which the appellants separately filed their objections. In the objections filed on behalf of the appellant Mst. Khurshid Begum, it was stated by her that she had been suffering from high blood pressure, and therefore, she could not deposit the rent in time as directed by the learned. Controller. She had also produced two medical certificates issued by one Doctor Mushtaq Ahmed according to which she was found to be 'suffering from the aforesaid ailment on 4 8-1981 and 5-10-1981. The allegations in respect of the default allegedly committed by her during the month of September, 1981, were also denied as, according to her the 4th of September, which was the last day for compliance with the order of the learned Controller, had fallen on a Friday which was a holiday, therefore the rent was deposited on 5th September…