1985 MLD 424 KARACHI-HIGH-COURT-SINDH

Full text

MUHAMMAD KAMIL VS HAMEEDAN BEGUM Code of Civil Procedure 1908--100 , Code of Civil Procedure 1908--151 , ----Ss. 13(6) & 15(2)(4)--Civil Procedure Code (V of 1908), Ss. 100 & 151--eviction of tenant--Tentative rent order non-compliance of--Question of fact--Striking off defence--Plea of tenant that rent for months of default alleged against him had been paid to landlady outside Court-Tenant failed to produce receipts of such payment in Court--Tenant also could not file objections in his application for adjournment of proceedings in eviction petition against him stating that rent had been paid to landlady outside Court and receipts would be produced iater--Plea of tenant not accepted by Courts below--Default being question of fact--Concurrent findings of two Courts below on such question upheld-Appeal dismissed in circumstances.