2008 CLC 1499 KARACHI-HIGH-COURT-SINDH

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AZEEMUDDIN VS Mst. ATTIQA BEGUM Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--10 , Sindh Rented Premises Ordinance 1979--15 , Ss. 10 & 15---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant---Default in payment of monthly rent---Avoidance to receive rent---Deposit of rent with Rent Controller---On avoidance of landlady to receive monthly rent, tenant started depositing the same with Rent Controller---Landlady sought ejectment of tenant on the ground of default in payment of monthly rent---Rent Controller and Lower Appellate Court concurrently passed eviction order against tenant---Plea raised by tenant was that landlady avoided to receive rent as she demanded increased rent, therefore, rent was regularly being deposited with Rent Controller---Validity---Refusal of landlady to receive rent directly was not the only justification for opting the other modes---Avoidance was also a justification which could be inferred from the conduct of landlady---Conduct of landlady in abruptly demanding rent at exorbitantly high rate of Rs.5000 in place of agreed rate of Rs.605 per month was sufficient to infer her avoidance to receive rent at agreed rate---There was no question of non-payment of rent as tenant was regularly depositing the same with Rent Controller in the name of landlady well within time---As more than two years before filing of ejectment case, tenant had been depositing the rent with Rent Controller and the same was within the knowledge of landlady, therefore, tenant could not be ejected on the ground of technical default---Rent Controller and Lower Appellate Court failed to decide the matter according to law, therefore, High Court, in exercise of Constitutional jurisdiction, set aside the eviction orders passed by both the forums below---Petition was allowed in circumstances.