MESSRS ASMAT AGENCIES vs MESSRS SHAIKH YUSUFALLY SONS LTD.
This civil appeal challenges an order passed by the Rent Controller directing the eviction of the appellant partnership firm for default in the tentative deposit of rent pursuant to the Sind Rented Premises Ordinance. The core legal question concerns whether the illness of an authorized officer of a partnership firm constitutes a valid and sufficient ground to condone the failure to comply with a tentative rent deposit order. The High Court dismissed the appeal in limine, holding that the appellant firm, consisting of multiple partners and employees, failed to establish sufficient cause for non-compliance, especially since other partners or staff could have managed the affairs and the nature of the illness did not incapacitate the officer from giving instructions. The key principle laid down is that the illness of a single representative does not excuse a partnership firm from statutory rent compliance obligations in the absence of absolute incapacity and total failure of all other partners or employees to act.
- Does the illness of an authorized officer of a partnership firm constitute sufficient ground for condoning default in the tentative deposit of rent?
- Can a partnership firm excuse non-compliance with a rent deposit order on the ground of sickness when it has other partners and employees capable of managing its affairs?
- Whether an order of the Rent Controller striking out a defense for non-compliance with Section 16 of the Sind Rented Premises Ordinance is sustainable when gross negligence is shown?
- Section 16, Sind Rented Premises Ordinance
ORDER
1. ' The present appeal has been filed by Asmat Agencies to challenge an order passed by the learned VIIIth Senior Civil Judge/Controller on 18th April, 1982 in a case filed against the appellant, by respondents for eviction on the ground of default in payment of rent, and non-compliance with the direction of tentative deposit of rent.
2. ' I have heard Mr. Muhammad Ali Jan at length and have also perused the record. Since I have come to the conclusion that this appeal does not merit to be admitted to regular hearing. I have not thought it proper to issue notice to the respondent.
3. ' Admittedly the appellant is a partnership firm. On my asking Mr. Muhammad All Jan, with whom a representative of appellant firm was present, about the composition of the firm and he made a statement that this firm consists of two partners and employs 2 or 3 servants also. Admittedly the rent ordered to be deposited by the Controller under section 16 of the Sind Rented Premises Ordinance, has not been deposited. On an application being made for striking off the defence, the appellant filed objections. In the objections it is stated that Mr. Rashid Rahi, an authorised Officer of the appellant Firm fell seriously sick and was unable to attend to his duty and work. It was further stated that on account of sickness of Mr. Rashid Rahi, the appellants were not aware of the order directing the deposit of rent. In support of the plea of sickness of Mr. Rashid Rahi a Medical Certificate of Dr. S. Akbar Sher was produced. This Certificate was issued on 24th March, 1981 and it is stated that Mr. Rashid Rahi had had treatment for bronchial asthama, hypertention and tachycardia. It was stated in the Certificate that Rashid Rahi bad been advised to take rest from 25th December, 1980 to 23rd March, 1981. The only contention raised before me, is that default has been committed for reasons beyond the control of the appellant as Mr. Rashid Rahi baying fallen sick, was not able to attend the case. Reliance has been placed on a judgment of a Single Judge of this Court, in the case of Zahid Hussain Khan v. Muhammad Abdullah. The admitted case is that the appellant is not a single individual but is a Firm having two partners and 2 or 3 servants. It has not at all been explained as to why the other partner of Rashid Rahi or any employee of the appellant firm was not able to look after the interests of the appellant and had not complied with the order of the Court. In fact the case of the appellant is that they did not even care to know the tentative order passed by the Court. This conduct/ of the appellant exhibits gross negligence. On the other hand, even if it is assumed that only Rashid Rahi could look after the affairs of the appellant Firm, still the nature of disease that he has been said to be suffering from is not such, as might incapacitate him from talking to other persons or give directions to other employees or his partner to comply with the order of the Court, or at least to find out what was the order of the Court.
4. On the other hand it appears to be hard to believe that a person would continue to suffer from bronchial asthama and hypertention for a continuous period of three months. What is more, that these diseases do not create any unconsciousness or coma.
5. In my view the cause shown in support of prayer for condonation of default is not impressive and does not appear to be correct. In these circumstances, the Controller passed a correct order, which is not unjustified. This appeal is dismissed in limine. PLD 1979 Kar. 628
Cited by 4 cases
- Syed HAIDER ABBAS RIZVI vs MUHAMMAD JAVED ASLAM 1993 CLC 1812
- Mst. NASIRA SULTANA vs SULTAN M. AHMED and another 1991 CLC 527
- MUHAMMAD SARWAR vs MUMTAZ ALI CHANDANI 1987 PLD Karachi 173
- MUHAMMAD ASGHAR and anothers vs KHOLA DIN 1995 CLC 564