Muhammad Sharif (Deceased) Through L.Rs. And Other vs The Vth
This matter concerns a petition for leave to appeal against a High Court judgment that upheld an eviction order against the petitioners, who were legal heirs of a deceased tenant. The core legal question was whether the tenant had committed willful default in the payment of rent for two shops, thereby justifying eviction. The petitioners argued that rent had been paid in lump sums without receipts, and that subsequent rent was tendered via money orders and later deposited in court. The Supreme Court dismissed the petition, holding that the petitioners failed to substantiate their claim of payment, as no receipts were produced and the respondents denied receiving the alleged payments. The Court affirmed the concurrent findings of the Appellate Court and the High Court, which concluded that the tenant had indeed defaulted on rent payments from September 1995 onwards. The key principle laid down is that in the absence of evidence such as receipts or proof of payment, a tenant's bare assertion of lump-sum payment cannot overcome concurrent findings of fact regarding rent default.
- Can a tenant's assertion of lump-sum rent payments be accepted in the absence of receipts or other corroborating evidence?
- Does the Supreme Court interfere with concurrent findings of fact by the lower courts regarding rent default?
- Is a tenant considered a willful defaulter if they fail to prove payment of rent for the disputed period?
ORDER
GHULAM RABBANI, J.- Petitioners seek permission to appeal against the judgment dated 11.9.2006 whereby learned Judge in Chambers dismissed their petition.
2. Late Muhammad Sharif, predecessor-in- interest petitioners Nos. 1 to 6 was tenant of two Shops bearings Nos. 14 and 15, Mumtaz Cloth Market, Liaquatabad, Karachi. Respondents Nos. 3 to 9 made an application seeking eviction of late Muhammad Sharif from the shops in question on the sole ground of default in payment of rent from September, 1995. Learned 3rd Senior Civil Judge and Controller, Karachi, dismissed their application vide judgment dated 30.3.2002. Respondents challenged the judgment by filing appeal which learned Vth Additional District Judge, Central, Karachi accepted and directed petitioners to vacate disputed premises within 30 days from the judgment dated 16.9.2004 passed by him. Being aggrieved, petitioners filed before High Court of Sindh a Constitutional Petition, ,which was dismissed vide judgment, impugned herein.
3. We have heard Mr. Anwar Hussain, ASC, learned counsel for the petitioners and with his assistance, we have gone through the documents referred to by him. Learned counsel contended that the petitioners had paid to respondents the agreed rent from September, 1995 to February, 1996; thereafter, remitted the rent through money orders, but, on account of their refusal to receive the same petitioners were forced to deposit it in Court in miscellaneous Rent Application bearing No.100/1996. Learned counsel stressed that the petitioners, therefore, cannot be termed as wilful defaulters. He averred that in the past, petitioners used to pay rent in lump sum, and for the disputed period of time; too, they paid rent but no receipt was issued for the same.
4. We have given due attention to the arguments of learned counsel. Admitted fact is that there is no receipt for payment of rent for the months from September, 1995 onward. Learned counsel simply stated that there was practice to pay rent in lump sum but he did not say in affirmative or in the negative that in the past no receipt was issued; as well. Perusal of impugned order shows that two of private respondents appeared in witness-box and denied assertion of petitioners about payment of the rent from September, 1995 to May, 1996. Thus, it becomes hard to accept the plea of petitioners that respondents received the rent but abstained to issue receipts therefore. Learned Judge in chambers has observed that the findings of the Appellate Court that the petitioners predecessor committed default in the payment of rent from September 1995 onwards, though not well discussed, are correct, both on facts and law, and require no interference". Learned counsel could not advance and compelling circumstances warranting interference with such findings.
There are two concurrent findings of learned High Court and the Appellate Court going against the petitioners.
5. We, therefore, find no substance in this petition and dismiss the sam.
Leave refused.