' This appeal is directed against an order dated 7-5-1984 passed by a learned XVI Rent Controller at Karachi in Rent Case No,1001/83 dismissing the appellant's application for ejectment on the ground of default for the period commencing from October, 1982 to February 1983 at the rate of Rs,25 per month. The appellant being aggrieved by the above order has filed the present appeal.
2. I have heard the learned counsel for the appellant Mr. Aftab Alam Kizalbash and the learned counsel for the respondent Mr. Munawwar Malik. I have also perused the record. The respondent has also filed an application under Order 41, rule 21 read with section 151, C.P.C. For production of additional evidence in the form of photostat copies of the rent receipts issued by the appellant's attorney indicating that the accumulated rent for several months was collected in the past. The defence of the respondent was that it was the practice that the appellant's rent collector used to collect accumulated rent for several months at a time and that since he had not come to collect the rent he had sent two money orders on 1-3-1982 and 6-3-1983 before filing of the rent case which was filed on 9-3-1983. He has produced the counterfoils of the money orders but they do not contain the address at which the same were sent. In the cross-examination the tenant was asked to give the address at which the money orders were sent, his reply was that the same were sent at the proper address. It is the case of the appellant that at no point of time he received any money order nor he refused to accept.
3. I would allow the above appeal and remand the case to the learned Rent Controller with the direction to allow the parties to lead further evidence on the question of default including the examination of postal authorities. The appeal stands disposed of in the above terms with no order as to costs.