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Petitioner: ABDUL NAEEM VS Respondent: GHULAM MOINUDDIN
Court Name: Sindh High Court Judge(s): Ajmal Mian Title: ABDUL NAEEM vs GHULAM MOINUDDIN Case No.: First Rent Appeal No, 219 of 1981 Date of Judgment:1982-12-18 Reported As: 1983 CLC 925 Result: Order accordingly
JUDGMENT
JUDGMENT ' I have heard the learned counsel for the parties. Even if the ground of impairing the value of the tenement is to be ignored, the default stands proved. Admittedly the rent for the month of April, May and June, 1970, was deposited by the respondent in the rent case on 30-7-1970. According to the finding of the learned Rent Controller under the tenancy agreement the rent was to be tendered within fifteen days from the due date. However, I have noticed that the agreement dated 23-12-1966 Exh. 5-A was for a period of eleven month commencing from 1-1-67. In view of the pronouncement of Supreme Court o Pakistan in the case of Muhammad Yousuf v. Abdullah, the terms of the tenancy agreement could not have been pressed into service after the expiry of eleven months period. Even if this agreement is to be excluded, the defaul for the month of April remains in the field. I was inclined to concur with the finding of the learned Rent Controller on the question of default. Thereupon, Mr. Kamaluddin requested for one year time, to which Mr. Anis has agreed. I accordingly dispose of the above appeal by consent and B allow the appellant one year time from today on the condition that the appellant shall continue to deposit rent in terms of the Rent Controller's order, in case of default, the respondent shall be at liberty to file an execution. Application before the expiry of the above one year period. Furthermore, in case the appellant fails to hand over the vacant possession on the expiry of the above period, the learned Rent Controller shall issue a writ of ejectment without further notice to the appellant. There will be no order as to costs.