' The appellant has impugned judgment dated 1-9-1987 passed by the learned IIIrd Rent Controller, Karachi-East, in Rent Case No, 1815 of 1985 whereby he ordered eviction of appellant from Shop No, 22, Plot No, G.R.E. 667, near Masjid Usmani, Jahangir Road, Karachi within sixty days.
2. The case of the respondent is that he is landlord of the appellant in respect of the said shop premises at rent of Rs,120 per month. The appellant had also taken the adjoining Shop No, 5 from one Mst. Anwar Khatoon. The appellant has been carrying on sweetmeat business in both these two shops and in between these two shops he had affixed an internal door without permission of the respondent. It is averred that the appellant is in default in payment of rent from July, 1983 to December, 1984. It is further averred that the appellant had materially impaired the value or utility of shop in question.
3. Appellant contested the ejectment application and it was stated by him in his written statement that the appellant was inducted as tenant by the father of the respondent about 18 years back at monthly rent of Rs,60 which in due course was enhanced to Rs,120 per month. Besides this the appellant had also made cash deposit of a sum of Rs,10,000 with the respondent which is still continuing with him. It is alleged by the appellant that the respondent never issued receipts in respect of rent paid by him to the respondent. He has denied default in payment of rent. It is further contended by him that since the very beginning the appellant had been making regular payment of rent to the respondent. However, on 3-1-1985 the appellant tendered monthly rent for the month of December, 1984, but the respondent refused and avoided to accept the rent and asked the appellant to further enhance the rent at an exorbitant rate. Threats were also made for forcible ejectment of the appellant from the shop premises. Under these circumstances, the appellant filed an application under section 10(3) of the Sindh Rented Premises Ordinance, 1979 in the Court of IVth Senior Civil Judge and Rent Controller at Karachi, bearing Misc. Rent Case No, 113/84. Since then he has been depositing monthly rent regularly in the Court. There is, therefore, no question of committing any default on the part of the appellant.
4. It is further stated by the appellant that on 6-10-1984 some mischief mongers in the Aushora procession set on fire the shop in question and caused heavy damage to the shop. The Government held enquiry through the Honourable Senior Puisne Judge, Mr. Justice Naeemuddin, and compensation in the sum of Rs,40,000 was awarded to him. The Martial Law Authorities also directed generally to all the affected persons to restore their businesses and get the damaged properties repaired. It is alleged that despite appellant's repeated demands the respondent failed to carry out any repairs to the premises in question or keep it in proper shape. The respondent with malice also prevented the appellant from doing any repair work with the result that the appellant had to file an application under section 12 of the Sindh Rented Premises Ordinance, 1979, bearing Rent Case No, 736/85 in the Court of IVth Senior Civil Judge and Rent Controller, Karachi-East.
5. It is not the case of the appellant that he is not liable to pay rent after the shop was ransacked and demolished by the mischief-mongers in the Muharram procession. In fact, it is contended by him that he made attempts for payment of rent subsequent to the incident, but as stated earlier it is contended by him that the respondent failed to issue any receipt towards rent paid by him.
6. Respondent has examined himself and has produced evidence of Muhammad Ismail, his father, and two neighbours, namely, Syed Abdul Hassan and Muhammad Din Bhatti. Appellant has examined himself only and has given up his witness Races Ahmed, who had filed an affidavit-in- evidence in his support but was not available for cross-examination.
7. It is an established position that in a case where a tenant comes out with the plea that no rent receipt was being issued by the landlord, very heavy onus lies on his shoulders to substantiate his stand. In the present case, it is alleged that the appellant has committed default in payment of rent from July, 1983 up to December, 1984 totalling in all 18 months. The averment made by the respondent in his ejectment application is reiterated by him in his affidavit-in-evidence and he has specifically denied having received rent from July, 1983 upto December, 1984. The evidence of respondent in this regard is further supported by the evidence of Muhammad Ismail, his father. No question as to non-issuance of receipt was put to the respondent in cross-examination nor any question as to the alleged payment of rent from July, 1983 to November, 1983 by appellant was put to respondent. Respondent's father was also not cross-examined on this point. So far as the evidence of other two witnesses is concerned their evidence was that the appellant received the said Rs,50,000 as damages from the Government whereafter he fled away and he has not carried out repairs or restored the premises into its original position. The appellant has also not cross- examined these witnesses. Except a mere assertion there is no evidence that the appellant had made payment of rent for the period beginning from July, 1983 to December, 1984. The contention raised by the appellant that the respondent never used to issue receipts for rents finds no support from the record. It is also pertinent to note that the appellant started depositing rent in Miscellaneous Rent Case No, 736 of 1985 from January, 1985 but there is no explanation as to why rent from July, 1983 upto November, 1984 was not deposited by the appellant earlier. I accordingly do not find any substance in this appeal which is hereby dismissed with costs and direct the appellant to vacate the shop in question within sixty days hereof. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.