Muhammad Ali vs Ali Gohar S — 2024 MLD 1655 KARACHI-HIGH-COURT-SINDH

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Muhammad Ali VS Ali Gohar S. 15---Ejectment of tenant---Willful default in payment of rent---Rent deposited in Court belatedly---Petitioner/tenant was aggrieved of eviction order passed by rent Tribunal which was maintained by Lower Appellate Court---Claim of respondent No.1/applicant was that the petitioner/opponent had committed default in payment of monthly rent from January, 2018---Applicant had deposed on oath before the Rent Controller that he did not receive rent for the default period from the petitioner---In his affidavit-in-evidence, and also during his cross-examination, the applicant deposed in categorical terms that the petitioner had committed default in payment of monthly rent from January, 2018---In such an eventuality, burden shifted upon the shoulders of the petitioner/tenant to prove that he had paid rent for the alleged period---In support of such plea tenant contended that he had committed no default in payment of monthly rent, that Mr. "SH" had been receiving rent from all the tenants including the petitioner but all of a sudden he refused to receive monthly rent from January, 2018, hence the rent was tendered to him through postal money orders for the period from January, 2018, to April, 2018, but he also refused to receive the said money orders---Petitioner further asserted that finding no alternate, he and other tenants filed a Rent Application in the Court of Rent Controller, in May, 2018, which was allowed, thus, he started depositing rent for the premises in question in Court---Petitioner also produced customer receipts of Money Orders before the Rent Controller---From perusal of the coupons/receipts of alleged money orders, it appeared that name of the landlord viz. respondent No.1 or even his son Mr. "SH" did not find mention in said money orders---Besides, the date of the money orders had been shown to be 05.04.2018 whereas, as per own admission of the petitioner/tenant, through said money orders rent for the months of January to April, 2018, were sent by him to the landlord, meaning thereby that even the rent for the months of January to March, 2018, were sent after delay in the month of April, 2018---Apart from above, there was also delay caused in depositing the monthly rent by the petitioner/tenant in Court---Admittedly, the rent for the months of January, February, March and April, 2018, was deposited in lump-sum in the month of May, 2018, in Court, i.e. after the default had already been committed, whereas, under the law, upon refusal of the landlord to receive the rent for the month of January, 2018, he was obliged to have sent the same through money order and upon refusal of the landlord to receive the money order too, he should have straight away approached the Court of Rent Controller and after seeking permission started depositing the rent---On the contrary, admittedly the petitioner starting depositing the rent in court in the month of May, 2018, i.e. when the default had already been committed---Such practice was contrary to the law---Petitions merited no consideration, consequently the same were dismissed.

Muhammad Ali vs Ali Gohar S — 2024 MLD 1655 KARACHI-HIGH-COURT-SINDH

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