Law:

Section:

Keywords: Discretion, Rent Controller, Condone, Parties, Protection, Non-Payment Of Rent, Defence, Default In Payment Of Rent, Obligation, Payment, Eviction Of Tenant, Default In Payment, Land, Tenant, Disposed Of, Interference, Ejectment, Premises, Costs, Rent, Landlord, Modification, Delay, Ejectment Application, Tenancy, Order, Notice, Plea, Consideration, Possession, Payment Of Rent, Period, Proceedings, Practice, Receipt, Evidence Result: K. JUDGMENT The respondent is the tenant of the appellant in respect of tenement No. 2/3, in a building known as "Mustajab Mansion" situated in New Chali, Frere Road, Karachi, at a monthly rent of Rs. 41 and Rs. 10 for water charges per mensum. According to the evidence on record the appellant had filed ejectment application against the respondent in the year 1964 on the ground of default in the payment of rent which was allowed and by order dated 25th January, 1965 the Rent Controller had ordered the ejectment of the respondent. But on the same day the parties had arrived at a compromise whereby it was, inter alla, agreed that the respondent shall pay rent at Rs. 50 plus Rs. 10 towards water charges per mensum regularly and the appellant agreed not to execute the order of ejectment. 2. On 15th April, 1967 the appellant filed another application for ejectment against the respondent out of which the present appeal has arisen on the ground that the respondent bad committed default in the payment of rent with effect from 1st November, 1966 for a period of five months and that he had made changes in the building impairing the utility thereof but this ground is not being pressed. The respondent denied that he had committed default. His plea was that the appellant never sent rent bills to him and other tenants in the building every month but he collected the rent whenever it suited him. In support of his plea the respondent contended that the appellant collected rent from him for 4 months from July, to October, 1968 on 27th October, 1966 and thereafter did not turn up or sent any bill for payment of rent for the succeeding 5 months. It was, however, submitted by the respondent that on 5th April, 1967 the respondent received a…

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