Law:

Section:

Keywords: Defaulter, Order, Rent Controller, Offer, Ejectment, Proceedings, Cross-Examination, Costs, Ownership, Provisions, Legal Position, Non-Payment Of Rent, Set Aside, Sub-Tenant, Grounds, Interference, Question Of Fact, Parties, Consent, Money, Landlord, Jurisdiction, Premises, Subletting Of Premises, Period, Evidence, Ejectment Application, Terms And Conditions, Payment Of Rent, Examination, Payment, Tenancy, Default In Payment Of Rent, Rent, Notice, Wilful Default, Conditions, Default In Payment, Recording, Miscellaneous Application, Procedure, Tenant Result: Appeal dismissed JUDGMENT This second appeal under section 15 (4) of the West Pakistan Urban Rent Restriction Ordinance, 1959 is directed against the judgment dated 21st October, 1975 passed by the learned IV Additional District Judge, Karachi, whereby he allowed the appeal and set aside the order dated 21st August, 1974 passed by the learned Rent Controller and dismissed the application filed by the appellant landlord for eviction of the respondents tenants. The relevant facts are that one Abbasbhoy Moosaji (predecessor-in -interest of the respondents) was a tenant of one Boman Abadani Irani (predecessor-in-title of the appellants) in respect of premises No. 11 and 11-A situated in Boman Abadani Irani Building, Ranchore Line Quarters, Karachi, since the year 1933, paying monthly rent of Rs. 53. Boman Abadan Irani died some time to September 1960, whereafter two of his L. Rs., namely, Shah Behram and Mst. Motibai, son and widow respectively, sent a notice dated 7th December, 1961 to Abbasbhoy Moosaji demanding rent from him. Abbasbhoy promptly paid the entire rent upto December, 1961 which was accepted but thereafter he stopped paying rent to the L. Rs Shah Behram and Motibai as, according to him, there arose confusion as to whom to pay the rent due to different members of the family demanding rent from him., Next, Abbasbhoy received a lawyer's notice dated 15th November, 1962 on behalf of the four persons, as the L. Rs of the original landlord, complaining of non-payment of rent by hint and terminating his tenancy. On receiving the notice, Abbasbhoy immediately sent rent on 29-11-1962, for the…

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