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Letters Patent Appeal No. 42 of 1971, decided on 3rd December, 1980.
---‑‑ S. 13.‑Default in payment of rent‑Landlord stating fixation of rent having been agreed upon at 50 p. m. while tenant stating assess ment having been made at rate of Rs. 38 p. m.‑Monthly rent even if accepted to be fixed at Rs. 38 p. m. no justification made out for non‑payment of rent‑Tenant claiming to be entitled to deduct Rs. 6 p. m. on account of water charges but no evidence produced to prove claim and landlord even not cross examined on point‑ No valid tender of rent made within time allowed by law, but rent for 3 months tendered @ Rs. 32 p. m. much after permissible period of time‑No rent tendered at all after such tender till filing of ejectment application about 4 months afterwards‑Tenant's plea as to be having stopped payment by consent of landlord‑Not, proved near landlord confronted with such plea‑Tenant, held, committed wilful default in payment of rent.
Muhammad Hussain v. Amtul Batul 1979 S C M R 286 rel.
‑‑ S. 1 3 (2) (i)‑‑‑Tender of rent‑Mere offer or pious desire to make payment, held, not sufficient to establish tender of rent unless tenant could prove that with positive and definite evidence rent having been actually tendered to landlord with positive and definite evidence.
Yousuf Shah v, Haji Ghulam Jan Khan 1975 S C M R 464 ref.
‑‑ S. 15 (4), Explanation read with Civil Procedure Code (V of 1908), S. 100‑Concurrent findings of fact‑Rent Controller and First Appellate Court misreading evidence. and misinterpreting various orders of assessment of rent‑Controller findings of facts though not usually disturbed in Second Appeal, yet where such finding based on misinterpretation of documents, misreading of evidence, or misstatement of fats or when documents produced either ignored or rejected on flimsy grounds, loses its force and not binding. [Finding of fact].
S. Muhammad Matin Mirza v. Jehangir Rustamji 1971 S C M R 575 and Messrs Frieds Cloth Store and others v. Syed Amtul Aziz P L D 1971 Kar. 739 ref.
Hassan A. Shaikh for Appellant.
Nizam Ahmed for Respondent.
Date of hearing: 9th November, 1980.
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