This appeal is directed against the ejectment order dated 17th June, 1976 passed by the learned Rent Controller, Lahore and confirmed by the learned Additional District Judge, Lahore dated 30th October, 1977. The ejectment of the appellant was sought on the ground that he had not paid rent for the months of August, September, October, and November, 1975. The application was opposed by the appellant, who took up the plea that he had paid the rent but receipts were not issued to him. The respondent appeared as his own witness and deposed that no rent was paid by the appellant for the above-mentioned months. The appellant examined two witnesses namely, Mohammad Khan R. W. I and Zahoor Ahmad R. W.
2. He appeared as his own witness R. W.
3. R. W. 1 stated that the respondent did not issue receipts and that the appellant has been paying rent to him regularly. However, he stated that the appellant never paid rent in his presence. R. W. 2 did not state anything material as to the points under controversy between the parties. He stated about different rent-note stating that rent was fixed at Rs. 185 and Rs. 15 were the water charges. This however is against the contents of the rent-note P I in which rent is given as Rs. 200 and there is no reference whether the water charges are included in the rent. Rather according to condition, 5 the water charges were to be paid by the tenant, i. e. The appellant. The appellant no doubt in his statement deposed that the rent for the month of August 1975 was paid by him by means of a cheque in the month of July in advance, but he did not state that he had paid rent for the months of September, October and November. He has deposed about the dispute of water charges stating that the rent was Rs. 185 and Rs. 15 were the water charges. He admitted in cross-examination that his counsel had given application P. 2 on 25th January, 1976 and bad filed along with that application the challan forms. It is apparent from the material on the record that the appellant failed to prove that he had duly paid the rent for the months of August, September, October and November, Raiser his application P. 2 and the challan forms attached to it show that the rent mentioned in the challan forms had not been paid. The appellant has during arguments said that he had paid the rent but since there were no receipts, he under the advice of his counsel made the said application for the deposit of the rent. Neither in the application nor in challans, it is mentioned that he had already paid rent for those months and wanted to doubly deposit it as receipts had not been issued. There is a condition of payment of advance rent in the rent-note but even if this clause is ignored, the appellant is a defaulter according to the app--lication of the rule of 60 days.
Rent for the month of August became due on first of September and could be paid upto 31st of October. Like were rent for the month of September became due on first of October and could be paid up to first of December. The ejectment application was made on 20th of December, i. e. After 20 days of the default of the rent for the month of September. It cannot be said that the Courts below have misread or ignored any evidence. Since the two Courts of fact have believed the statement of the respondent and have disbelieved the evidence produced by the appellant. On contrary view can be taken in second appeal even if I bad been of the opinion that the evidence produced by the appellant was weighty. The rent note referred to by the' appellant is not on the record and only its photostat copy is available. Photostat copy is not admissible in evidence. If at all any such rent note had come into existence, the appellant could have served the respondent with a notice to produce the same and only thereafter could produce secondary evidence.' Even if it be taken that the water charges of Rs. 15 were included in the rent of Rs. 20 the default stands proved because the payment of the water charges in excess of the rent has not been proved to show that if water charges are adjusted in rent, then no rent was due on the date the ejectment petition was brought.
As a result of the observations made above, I do not find any force in the appeal and dismiss it. As the appellant is unrepresented. I leave the parties to bear their own costs of the second appeal One month time is given to the appellant to vacate the premises.