Law: Evidence Act, (1 of 1872)

Section: S.114 (e)

Law: Transfer of Property Act (IV of 1882)

Section: S. 106

  Transfer of Property Act (IV of 1882), S. 106 and Evidence Act (I of 1872), S.114 (e)----Notice sent by registered post returned by post office as refused-Presumption as to due delivery of service of notice-Depends on circumstances of each case-No evidence dis lodging presumption arising under S. 114(e), Evidence Act, 1872 --Termination of tenancy by notice under S. 106, Transfer of Property Act, 1882, held, valid.   Gobinda Chandra Saha v. Dwarka Nath Patita A I R 1915 Cal. 313 and Ma Me Shin v. R. M. R. M. N. Chettyar Firm A I R 1933 Rang. 76 ref.   Bhutto Kristo Roy v. Gobindram Marwari A I R 1939 Pat. 540 distinguished.   Lease-Ejectment sought on ground of non-payment of rent-Mere "willingness" of tenant to pay rent has no meaning unless he is "ready" to do so.   Muhammad Hussain v. Messrs Pakistan Boot House P L D 1959 Kar. 360 and Haji Abdul Karim v. Haji Dawood & Co. P L D 1960 Kar. 532 rel. JUDGMENT   H. T. RAYMOND, J.-This is a civil first appeal against the judgment of the Additional District Judge, Karachi, (Mr. A. H. Kureishy), dismissing the suit of the appellant-plaintiff filed under section 24 of the Karachi Small Causes Court Act.   The appellant-plaintiff had filed this suit against respondent defendants alleging thathe is a tenant of the respondent-defendants in respect of residential flat No. 2 of the commercial building situate at Bellasis Street, South Napier Road, Karachi, at a monthly rental of Rs. 26. The appellant-plaintiff had originally taken these premises on rent from a Hindu Firm of Messrs Harchandmal Dial Das & Sons in April 1948. These Hindus migra ted to India and this property became evacuee property and the Custodian some time in 1950 fixed the rent of this flat at Rs. 18 per mensem. On 12-6-1954 the sale of this property in favour of the respondent-defendants was confirmed and this property declared as non-evacuee property. On 8-8-1957, however, a suo motu revision commenced at the instance of the Custodian of Evacuee Property on account of which the character or status of this property remained is dispute and hence the appellant-plaintiff was unable to pay his…