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First Rent Appeal No. 21,9 of 1981, decided on 19th December, 1982.
‑‑ S. 13(2)(i)‑Eviction‑Tenancy agreement for a period of eleven months‑Terms could not be pressed into service thereafter.
Muhammad Yousaf v. Abdullah P L D 1980 S C 298 rel.
---‑ S. 13(2)(i)‑Eviction‑Default for one month rent remaining in field‑Parties agreeing on vacation of premises after a year‑Disposal of appeal by consent.
Kamaluddin for Appellant.
Muhammad Anis for Respondent.
Date of hearing: 19th December, 1982.
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 deposi ted 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 months commencing from 1‑1‑67. In view of the pronouncement of Supreme Court of q Pakistan in the case of Muhammad Yousuf v. Abdullah (PLD1980SC298), 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 default 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 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' 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 eject ment without further notice to the appellant. There will be no order as to costs.
M. Y. M. Order accordingly,
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