2008 CLC 877 KARACHI-HIGH-COURT-SINDH

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TARIQ OMER VS JAVED HUSSAIN 1991 SCMR 846, 2002 SCMR 241, 2005 SCMR 1200, PLD 1991 SC 165, PLD 1994 Lah. 252, Bona fide personal need of landlord--Term , Cantonments Rent Restriction Act 1963--17 , Ejectment of Tenant--TERM , Proof--TERM , S. 17--Ejectment of tenant---Bona fide personal need of landlord---Default in payment of monthly rent---Proof---Non-payment of rent through money order---Tenant sent rent of August, September and October, 2006 to landlord through cross cheque in the month of November, 2006, in spite of the fact that tenant appeared before Rent Controller on 27-9-2006 and sought adjournment but did not pay rent to landlord---Rent Controller accepted the ejectment petition and passed eviction order---Validity---Rent for relevant three months sent by tenant was received by landlord on 12-11-2006, hence tenant wilfully committed default in payment of monthly rent---Tenant did not tender monthly rent through money order on avoidance of landlord---Validity---If the landlord had refused or avoided receipt of monthly rent, the tenant had to tender monthly rent through money order, which tenant failed to do---Tenant was duty bound to pay rent to landlord and it was not the duty of landlord to go to tenant to receive rent---Present was not a case of misreading, non-reading or mis-appreciation of evidence and eviction order passed by Rent Controller was in consonance with material brought on record and no interference was warranted---Appeal was dismissed in circumstances.