1. ABDUL KADIR SHAIKH, J.---This is a petition for leave to appeal from the judgment of a learned Judge of Baluchistan High Court dated 4-12-1988 by which an appeal filed by respondent was allowed with the result that the order of the Rent Controller directing her eviction from the demised premises was set aside.
2. It is admitted case of the parties that respondent is the tenant of the petitioner in respect of the demised premises under a lease agreement dated 23-8-1965 by which rent was fixed at Rs.60 per month. It is the case of the petitioner that later on, the amount of rent was increased by mutual consent to Rs.200 per month, and respondent made payments at this rate for the months of November and December 1980 but thereafter she failed to do so, and as such she filed an application for respondent's eviction on the ground of her failure to pay rent from 1-1-1981'to 31-5- 1982. In defence, respondent pleaded that the rent continued to remain at the same rate of Rs.60 per month, and that she was making payment of 'rent in advance and had obtained receipts in this regard on a note-book. During, the proceedings, petitioner filed an application in Court on 12-2- 1983 to require the respondent to produce the note-book but the production thereof was refused by the respondent in her reply dated 23-2-1983. Learned Rent Controller on the basis of the evidence produced by the parties held that the rent payable by the respondent was at the rate of Rs.200 per month and that the respondent was a defaulter its payment of the same for the period alleged against her by the petitioner, and on this view of the case he directed respondent's eviction by the order dated 29-2-1988.
3. On appeal, however, learned Judge in the High Court took the contrary view and set aside the order of the Rent Controller and dismissed petitioner's application by the judgment dated 4-12-1988.
4. Mr. Basharatullah, learned counsel for the petitioner appearing in support of the petition submits that the learned Judge in the High Court has failed to appreciate that the documents on which reliance was placed by respondent were not proved in evidence.
5. After having gone through the record of the case we are clearly of the view that the submissions made in support of the petition deserve consideration. We, therefore, grant leave to appeal and allow the petition. Security Rs.1,000.
6. Appeal will be heard on the present record but it is open to the parties to file additional documents, if any. .