Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 13(3)

West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13 (3)-Eviction-Petitioner admittedly in default in payment of rent on date of eviction application for a period of more than 4 1/2 years such act on part of tenant, held, disentitled him to invoke Rent Cont roller's discretion in his favour-No evidence to show parties having agreed to accept rent at long intervals-Petition held, devoid of rnerits and dismissed. Date of hearing : 11th January, 1981.                                                                                                      ORDER DORAB PATEL, ACTG. C J:-The respondents are the legal heirs of, one Mohammad Rafi, who bad, in the events that happened, leased a shop to the petitioner in Karachi at Rs. 12 per month. In January, 1970, Mohammad, Rafi filed an eviction application against the petitioner on the ground that he had committed default in the payment of rent since July, 1963. The petitioner denied in his written statement the allegation that he was a defaulter in the payment of rent and submitted that the practice between him and Mohammad Rafi was that Mohammad Rafi's Munshi would come to collect rent and that he had paid the Munshi rent until (July, 1965) but that as no one had come to collect rent thereafter, he had not paid rent. And, therefore, he submitted that he was not in willful default in the payment of rent. It would appear from the Paper Book that the petitioner examined himself in support of his claim, whilst Mohammad Rafi's son (the second respondent) gave evidence on his father's behalf. The petitioner referred in his evidence to the alleged practice of collection of rent at long intervals by Mohammad Rafi's Munshi and produced rent receipts which showed that rent had been paid by him at intervals of a little over two years between 1958 and 1962 and that between 1962 and 1965 rent had been paid at intervals of about one year. The second…