Law:

Section:

Civil Procedure Code (V of 1908), O. XLI, r. -Additional evidence in appeal-Additional evidence led in one of several con­nected appeals-Whether could be treated as evidence in rest of all appeals-Doubtful-Additional evidence setting up a new plea­-Could not be allowed at appellate stage. Khalid M. Ishaq, Senior Advocate Supreme Court instructed by Ali Akhar, Advocate-can-Record for Petitioners (in all Petitions). Nemo for Respondents. JUDGMENT SAJJAD AHMAD, J.-This order will dispose of 3 Petitions for Special Leave to Appeal Nos. K-107, K-108 and K-109 of 1971, which are directed against the judgments of a learned Single Judge of the Karachi High Court made in second appeals, whereby the orders of the two Courts below, ordering the eject­anent of the petitioners from the godowns occupied by them respectively as respectively kinder the respondent, who is the sole landlord of all of them, were affirmed. The ejectment proceedings against the petitioners were initiated by the respondent under section 10(2) of the Karachi Rent Restriction Act, 1953, as amended in 1962. In each case, the Rent Controller made a direction, ordering tile petitioners to deposit the arrears of rent, if any, and further directed that the future rent for each running month should be paid before the 5th of each succeeding month. The admitted position in each case is that the petitioners deposited the arrears of rent in com­pliance with tile direction of the Rent Controller, and also paid the rent for the month of September 1963, before the 5th of October 1963. However, they committed default in depositing the rent for the month of October 1963, which was not deposited before the 5th of November 1963, as directed, but was deposited on the 6th of November 1963. On account of this default, the Rent Controller struck off the defence of the petitioners, and ordered that the respondent be put into possession of the tenanted premises. The common plea taken by the petitioners before the Rent Controller, in the first instance, was that on account of rush of persons wishing to deposit the rent, the money could not be accepted by the Nazir on the 4th and 5th of November 1963, and had, therefore, to…

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