2006 YLR 1389 KARACHI-HIGH-COURT-SINDH

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SHOAIB MUHAMMAD VS KULSOOM BIBI 1980 SCMR 601, 1985 CLC 1949, 1986 SCMR 1857, 1989 SCMR 403, 1990 CLC 1061, 1998 MLD 940, PLD 1984 SC 32, Cantonments Rent Restriction Act 1963--17 , --S.17(2) (i)-Default in payment of rent---Tenant had claimed that he sent rent through money order and on refusal of landlord to accept same he sent cheque, but tenant neither had placed on record acknowledgement receipt of said money order to establish that rent tendered was refused by landlord nor had produced copy of cheque to substantiate his plea with regard to sending of cheque---Fact that tenant had deposited rent in the Court after expiry of prescribed period of sixty days from due date had been established---Promptness in payment of rent with the option to the tenant to deposit same with Rent Controller being a condition precedent for protection against eviction, tenant was required to deposit rent in court on refusal by landlady or on any other pretext---Rent Controller, in circumstances, had rightly found that tenant had committed default in payment of rent and had rightly ordered his ejectment on ground of default in payment of rent---Said findings being proper, could not be interfered with in appeal.