2002 CLC 884 KARACHI-HIGH-COURT-SINDH

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Master ABDUL MAJEED VS Haji MUHAMMAD BACHAL Ejectment of Tenant--TERM , ----S. 15---Ejectment of tenant---Default in monthly rent---Raising of new plea---Adjustment of property tax---Payment of the tax was never stated in the written statement and did not appear till the evidence of the landlord had been led---Tenant filed application for the amendment of pleadings wherein he wanted to introduce the plea of adjustment of the property tax in monthly rent---Reason for non-mention of the fact was inadvertence---Tenant had continued to deposit rent even before the death of the first landlord and had not claimed adjustment of the property tax from the earlier landlord during his lifetime---Rent Controller dismissed the application and having found the tenant defaulter in the monthly rent allowed the ejectment petition---Validity---Mere reference to the fact that the tenant had forgotten to mention the fact of adjustment of rent in property tax was not sufficient---In the absence of any agreement, there was malice in attempting to show that the property tax was the liability of the landlord---In view of low rent, the property tax was also accepted by the tenant to be his liability as such, never demanded the same either from the previous landlord or from the new landlord till such time it was seen from the evidence that the tenant would not have a case to defend--Rent Controller had rightly dismissed the application for amendment as the tenant intended to introduce new facts---eviction order passed by the Rent Controller was correct and High Court declined to interfere with the same---Appeal was dismissed in circumstances.