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Petitioner: HANEEF-UR-RAHMAN VS Respondent: MUHAMMAD JALAL-UD-DIN
1988 S C M R 47
1988 S C M R 47
Present: Muhammad Afzal Zullah and Nasim Hasan Shah, JJ
Sh. HANEEF-UR-RAHMAN--Petitioner
versus
MUHAMMAD JALAL-UD-DIN--Respondent
Civil Petition for Special Leave to Appeal No. K-303 of 1987, decided on 8th September, 1987.
(From the judgment/Order of the Sind High Court, Karachi, dated 1-7-1987 in F.R.A. No. 501 of 1983).
Sind Rented Premises Ordinance (XVII of 1979)--
--Ss. 15(2)(ii) & 21--Constitution of Pakistan (1973), Art. 185(3)- Leave to appeal, grant of--Appraisal of evidence--Ejectment on ground of default, challenged--Leave to appeal granted inter alia to examine question whether discretion should have been exercised against tenant when admittedly he was not a habitual defaulter, had confidently asserted payment for alleged defaulted period also and pleaded that as usual landlord was yet to issue receipt, though late, when instead, application for ejectment was filed and produced evidence showing his attitude of persistence in making efforts to avoid default, which, if duly considered, might have produced different results.
S.M. Gharib Nawaz Daccawala, Advocate Supreme Court Advocate-on-Record for Petitioner.
Nemo for Respondent.
Date of hearing: 8th September, 1987.
ORDER
MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from judgment dated 1-7-1987 of the Sind High Court, whereby petitioner-tenant's First Rent Appeal from order of his eviction on ground of default in payment of rent, was dismissed.
It seems admitted position that the petitioner was not habitual defaulter. For the alleged default period also he confidentially asserted payment and pleaded that as usual the respondent was yet to issue receipt, though late; when instead, application for ejectment was filed. Learned counsel has brought to our notice material including documentary, showing his attitude of persistence in making efforts to avoid default. In particular, a registered (Acknowledgment Due) letter sent to the respondent in this behalf, if duly considered, might have produced different results.
This and other related questions raised in support of this petition, including the question whether discretion in the circumstances of this case, should have been exercised against the petitioner, need examination.
Leave to appeal accordingly is granted.
Security Rs.1,000.
Appeal to be prepared on the same record with liberty to file additional documents.
Stay to continue; subject to the petitioner's depositing due rent on or before the 10th of each calendar month.
M.I./H-23/S Leave granted.