1993 PLP 1909 (CLC)

Sultan Ahmad Sheikh for Appellant. Riaz Kadir Brohi for Respondent. Date of hearing: 28th September, 1992. This rent appeal has been filed challenging the orders passed by the Rent Controller on 4‑3‑1990 whereby the appellant was directed to be ejected forthwith. Briefly the facts relevant for the purposes of this appeal are that the respondent is landlord of the building known as Jivanjee Building Opposite District Court, Karachi while the appellant is tenant in the said building of four shops bearing Nos. 23, 24, 25 and 26, which are situate inside the Compound at a total monthly rent of Rs.81. The rent case was instituted by the present respondent on 30th January, 1989 on the ground of default in payment of rent since March. 1983. The summons could not be served on the appellant in ordinary course and, therefore, the same were sent through registered A/D but were returned with an endorsement that the shops were closed. The Bailiff had also made similar report and, therefore, the notice was published in daily Mashriq, Karachi, dated 16th April, 1989 and the service was held good by an order passed on 28‑5‑1989. Thereafter the learned Rent Controller proceeded ex parte and relying on the affidavit of the respondent passed the impugned order, Being aggrieved, the appellant has preferred this appeal. I have heard the learned counsel for the parties. Mr. Sultan Ahmad Shaikh, the learned counsel for the appellant has urged that in this appeal he had produced a receipt and the order passed on 1‑10‑1991 shows that Miscellaneous Rent Case being M.R.C. No.2000 of 1985 was filed in Court by applicant who is shown as "Tassadduq Hussain Prop. Abbas Bai, tenant in respect of shop plus small Shed tenement Nos.23, 24, 25 and 26 on Plot No.S.R.7/36, Jivanjee Building Opp. District and Sessions Courts, MA. Jinnah Road, Karachi". In this rent case the rent is being deposited by the present appellant regularly as claimed by the learned counsel for the appellant. Mr. Sultan Ahmad Sheikh, learned counsel has further submitted that the said Tassadduq Hussain has since expired and the tenancy has devolved upon his son Abbas Tassadduq Bai, whereas in the present case also the opponent is shown as "Tassadduq Hussain Prop. Abbas Bai, tenant in respect of shop plus small Shed tenement Nos.23, 24, 25 and 26 on Plot No.S.R. 7/35, Jivanjee Building Opp. District and Sessions Court, MA. Jinnah Road, Karachi". Photostat copies of the rent receipts issued by the present respondent on 1‑6‑1985 show that the same are issued to Tassaduq Hussain as proprietor of the firm. In this view of the matter, it appears that rent was being deposited in Court by the son of the deceased Tassadduq Hussain. However, it would not p, be appropriate to make any observations with regard to the merits of the case at this stage but I would rather remand this case to the Court of Rent Controller to allow an opportunity to the appellant to file his written objections and then to proceed with the matter on merits. Accordingly, the present appeal is allowed, the order of the Rent Controller is set aside and the case is remanded with the direction that it be disposed of within six months from the date of this order. The learned counsel for the parties who are present undertake to appear before the Court of Rent Controller on 10th October, 1992. There will be no order as to costs. H.B.T./T‑158/K Appeal allowed.