2014 CLC 1463 QUETTA-HIGH-COURT-BALOCHISTAN

Full text

ABDULLAH VS Mst. FARZANA 1984 SCMR 755, 1997 CLC 2041, PLD 1989 SC 489, PLD 1991 SC 138, Ejectment of Tenant--TERM , Proof--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , Wilful default--Term , S. 13---Ejectment of tenant--- Wilful default--- Proof--- Rent Controller allowed ejectment application and passed eviction order against tenant on the ground of wilful default in payment of monthly rent---Validity---Tenant through verbal evidence asserted that rent from March, 2011 to February, 2012 was paid through valid receipt issued by landlady but no such receipt was produced during evidence or recording statement of tenant nor put the same to landlady during her statement or cross-examination---Mere appending a purported receipt along with memo of appeal could not be termed as evidence unless proved in accordance with law---Accepting of rent by landlady after 3 to 6 months/periodically from tenant and receipts annexed with appeal showing lump sum payment would lead to presumption that practice of receiving periodic rent was adopted by landlord was not tenable---Tenant was under legal obligation to pay monthly rent to landlady and if tenant had adopted practice to pay rent at irregular intervals, he made himself liable to eviction---Tenants were under legal obligation to deposit rent within 60 days after it had become due but he failed to do so and committed wilful default---High Court declined to interfere in eviction order passed by Rene Controller---Appeal was dismissed in circumstances.