Law: Cantonments Rent Restriction Act, 1963

Section: 17(2)(i)

Cantonments Rent Restriction Act (XI of 1963) S. 17(2)(i) Tenancy commencing on 11th September---Rent of first month in absence of any agreement falls due on 12th October and not on 1st October----Tender of rent by tenant on 10th December, held, made within sixty days following period for which rent was due. Date of hearing: 25th October 1972.                                                                                                             JUDGMENT AGHA ALI HAIDER, J----The circumstances giving rise to this Constitutional Petition are as follows:- 2. Bungalow No. 73, situated at Garden Road, N. I., Lines, Karachi, was owned by Messrs Eduiji Dinsha Limited and the petitioner No 1 was the tenant thereof against a monthly rent of Rs. 351.69. The said bungalow was sold by Messrs Edulji Dinshaw Limited to the respondent No. 2 by a Registered Deed dated the 11th September, 1963. The petitioner No. 1 was apprised of the transaction through a notice from Messrs Edulji Dinshaw Limited dated September 12, 1963 and was also called upon to square up the rent to them till the I Ith of September 1963. 3. It is an admitted position that Messrs Edulji Dinshaw Limited had been paid the rent up to the relevant period, that is, September 11, 1963. The petitioner No. 1 neither heard from the respondent No. 2, nor took any step to make any payment to him for quite some time. It was on 10-12-1963 that he sent a money order for Rs. 351.69 which was refused by the respondent No. 2. He then made a second remittance of the same amount through another money-order on 17-12- 1963 which was again refused. Thereafter, the petitioner No. 1 deposited the rent in Court after fling a rent application being No. 19 of 1964. On December 23, 1963, the respondent No. 2 instituted eviction proceedings under section 17(1) of the Cantonments Rent Restric tion Act, 1963, against the present petitioner No. 1. Subsequently an…