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First Rent Appeal No. 286 of 1984, decided on 2^nd December, 1986&.

---Ss.15 & 21--Ejectment--Default--Tenant sent a cheque for disputed period but the amount was credited wrongly in other account by Bank--Amount was to be paid in advance and mistake was bona fide Tenant contacted Bank to rectify mistake and also informed landlord to withdraw amount--Cheque was neither presented by landlord to bank again nor was returned to tenant--Held, no wilful default was committed by tenant in circumstances--her of Rent Controller dismissing ejectment application upheld.

Appellant Tanveer Hassan is landlord and his Rent Case No. 4885/81 was dismissed by the XVth Rent Controller by an order 5th February, 1984. He has filed this appeal under section 21 of the Sind Rented Premises Ordinance, 1979 (hereinafter to be referred as an 'Ordinance').

In rent application default was alleged for 3 months i.e. June, July and August, 1981. In written statement the case of the respondent is that he sent cheque of Rs.4,200 in advance for the disputed period but this amount was credited wrongly in other account by Bank, therefore, cheque could not be cashed. He immediately contacted the bank and to rectify the mistake and deposit Rs.4,200 in correct account. He also requested appellant to withdraw the amount.

I have heard Mr. Muhammad Anis appearing for the appellant. It is contended by the learned counsel that cheque for Rs.4,200 given by the respondent was dishonoured, therefore, he filed ejectment application on the ground of default in payment of rent. He has admitted that agreement between the parties had expired on 1-11-1980 as such respondent became statutory tenant of the appellant and according to him default was only for one month.

Mr. S.M. Alam appearing for the respondent contended that no wilful default has been committed as the rent was always paid in advance and due to bona fide mistake the cheque was dishonoured. It is also argued that on the same ground Rent Case No. 3309/81 was filed on that the original cheque given to the appellant has neither been returned nor subsequently presented in the bank with mala fide intention'.'

The relationship, rate of rent and practice of payment of rent in advance is not disputed by the parties. The cheque for Rs.4,200 was given to appellant /landlord on 28-5-1981, the same was presented in bank on 3rd June, 1981 and it was not cashed. The respondent in his evidence has produced certificate of bank as Exh.B showing amount of Rs.4,200 was credited on 30-3-1981 in miscellaneous account as title of account was not mentioned in the pay slip and that amount at the request of Shahzada Qaisar has been credited in the Account No. A/C 3032/9. The learned counsel appearing for the appellant frankly admitted that rent case on the ground of default was filed on 28-7-1981 but it was withdrawn. The learned Rent Controller has considered all these points and came to the conclusion that no default has been committed and it was bona fide mistake. Moreover this amount was for the rent to be paid in advance and the cheque was not presented by the appellant in bank again nor he returned it to the tenant/ respondent. In my view no wilful default has been committed and Pent Controller's order calls for no interference. The appeal is dismissed with no order as to costs.

M. Y. H./T-18/K Appeal dismissed.

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