Law:

Section:

THIS JUDGMENT DELIVERED BY: FAIZ MUHAMMAD QURESHI, JUSTICE:---.--- Applicant has preferred this revision application under section 25 of the Small Causes Courts Act being aggrieved and dissatisfied by the judgment dated 12-10-2000 and decree dated 19-10-2000 passed by Judge, Small Causes Court, Karachi, dismissing the suit of the present applicant. The brief facts of the case are that the applicant is the owner of Shop No. /13, G.K. 7/67. Murtaza Batool Alwani Mansion, Machi Miani Road No. 1, Khardar, Karachi, let out the shop to the respondent initially at the rate of Rs,2,500 per month plus Rs,200 as maintenance charges, all payable in advance upto 5th of every calendar month. The tenancy commenced with effect from 1st July,1998 and an agreement to this effect was duly executed although prior to the commencement thereof. As per the agreement aforesaid, after expiry thereof, the respondent was also liable to pay Rs,3,200 per month. The respondent paid rent- only upto October, 1998 but thereafter he failed to make any payment towards rent etc., On 13th July, 1999 he suddenly vacated thepremises but without payment of rent due. Accordingly, at the time of vacation of the demised premises, an amount of Rs,27,800 was due against and payable by the respondent. In addition to the same, as per the agreed terms of tenancy, the respondent was also liable to pay as sum of Rs,9,600 being three months rent for want of notice prior to vacation of the premises. Thus, a total sum of Rs,37,400 remain payable by the respondent to the applicant. Since a sum of Rs,10,000 was lying as fixed deposit with the applicant, after deducting thesame from the total outstanding rent, the respondent was still liable to pay a sum of Rs,27,400 which amount he failed to pay despite repeated demands. Accordingly, a legal notice dated 13-7-1999 was sent to the respondent but despite its service on him, it was neither replied nor the outstanding amount was paid by him. Accordingly, a Suit No. 131 of 1999 for the recovery of Rs,27,400 was filed in the Court of Small Causes Court Karachi on or about 7-8-1999. After service, the defendant filed his written statement on 20-11-1999 wherein…

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