1982 CLC 2654 KARACHI-HIGH-COURT-SINDH

Full text

ABDUL MAJEED VS NAZIMUDDIN West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13 (2) (i)-Default in payment of rent--Tenant denying relationship of landlord and tenant and specifically denying default, advancing plea of tendering rent by Money Order which on occasions accepted while on others refused by landlord-At commencement of tenancy landlord taking a sum as "deposit" refundable after adjusting dues on handing over possession of premises to landlord on expiry of lease-Period of lease expired and no renewal thereof afterwards -Held, in circumstance, default neither admitted by tenant nor proved and Rent Controller not entitled to pass order of eviction against tenant straightway holding relationship of landlord and tenant existing between parties-Held further, where Rent Controller induced to pass order of eviction on ground of denial of landlord's title, he has to hold tenant defaulter in payment of rent as well to justify order.