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First Rent Appeal No. 618 of 1985, decided on 12th February, 1986.
---S.16--Defence, striking off--'tenant not depositing monthly rent in accordance with order of Rent Controller--Explanation for non-deposit was that tenant was ill--Medical Certificate not showing that tenant was suffering from such an ailment that he could not make compliance of order of Rent Controller--- Order striking off defence, held, was unexceptionable.
1981 S C M R 551; 1981 C L C 137; 1982 S C M R 1195; 1984 C L C 1910 and N L R 1984 Civil 66 ref.
Khizar Askar Zaidi for Appellant.
Ajeebullah Jaswal for Respondent (on Pre-admission Notice).
Date of hearing: 12th February, 1986.
This appeal is directed against an order, dated 31-12-1985 passed by IInd Senior Civil Judge/ Controller, Karachi in Rent Case No. 2577/83, whereby defence of the appellant/tenant was struck off on account of his failing to deposit rent for the month of February, 1985 in pursuance of order of the learned Controller, dated 5-5-1984 for depositing current rent on or before 10th of every month. It is not disputed that the rent for the month of February, 1985 was not paid by the due date. The rent was actually deposited on 18-3-1985. The appellant furnished explanation that he could not deposit the rent within time due to his illness. The learned Controller has not believed the explanation and has passed the order for striking off the defence. The learned counsel for the appellant has urged that the appellant could not deposit the rent due to his illness and such medical certificate was filed. He has placed reliance on a case reported in 1981 S C M R 551. On the other hand, the learned counsel for the respondent has opposed the admission of, the appeal contending that no reasonable explanation has been furnished for not depositing the rent within due date. He has placed reliance on the cases reported in 1981 C L C 137; 1982 S C M R 1195; 1984 C L C 1910; and N L R 1984 Civil 66.
The only explanation furnished by the appellant for not depositing the rent for the month of February, 1985, in accordance with the order of the learned Controller, is that of his illness. The medical certificate produced by him does not bear out that he was suffering from such an ailment that he could not make compliance of the order of the Controller. Such situations were considered in the cases relied upon by the learned counsel for the respondent and default in similar circumstances was not found condonable. In the case relied upon by the learned counsel for the appellant reported in 1981 S C M R 531, the tenant had not been given opportunity of furnishing explanation for making default in depositing rent but that is not the case here. The order of the learned Controller seems unexceptional and appeal is dismissed in limine.
The learned counsel for the appellant requests that the appellant may be given two months time for vacating the premises. The learned counsel for the respondent has no objection provided the appellant deposits monthly rent regularly. The appellant is allowed two months time for vacating the rented premises subject to his depositing the rent.
M.A. K . /J-24/ K
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