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Civil Petition for Special Leave to Appeal No. K‑40 of 1969, 6 decided on 9th January 1970.
(On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, dated the 13th May 1969, in Second Appeal No. 149 of 1967).
------- S. 13‑Ejectment‑Petitioner in default of 25 months' rent‑Cheques sent by petitioner to owner of premises relating to different period and in connection with decree passed for arrears‑Eviction order, in cir cumstances, held, passed by Courts below on proper appreciation of evidence‑Special Leave to Appeal refused by Supreme Court Constitution of Pakistan (1962), Art. 58(3).
Ahsanul Haq, Advocate Supreme Court instructed by Faizanul Haq, Advocate‑on‑Record for Petitioner.
Nemo for Respondent.
Date of hearing : 9th January 1970.
The petitioner was a tenant of two quarters in the compound of Asian Sea Men's Club, Karachi, on a monthly rent of Rs. 50. Respondent filed an application for eviction against him under section 13 of the West Pakistan Urban Rent Restriction (Second Amendment) Ordinance, 1959, from the said quarters, on the ground that he had not paid rent for 25 months commencing from September 1961 ending September 1963. The eviction was also claimed on the ground that the premises in dispute was required for their own use by the respondent. In Case No. 3242 of 1963, the Additional Civil Judge, Karachi, as Rent Controller, ordered the eviction of the petitioner on the 17th April 1965. This order was challenged in appeal before the District Judge, Karachi. Civil, Appeal No. 336 of 1965 was dismissed on the 25th January 1967. The matter was then taken before the High Court and a learned Single Judge of the High Court dismissed Second Appeal No. 149 of 1967 on 13th May 1969. The High Court held that the two Courts below were right in directing ejectment of the petitioner on the ground of non‑payment of rent. The petitioner seeks permission to file an appeal against the said order.
In support of the petition, Mr. Ihsanul Haq, learned counsel for the petitioner, has contended that the petitioner has always been willing and ready to pay the rent of the premises in dispute to the respondent. According to him, respondents have been harassing the petitioner and did not accept the rent when tendered by the petitioner. The contention of the learned counsel has no force. It will be seen that the petitioner was in default of 25 months' rent commencing from September 1961 up to September, 1963. The learned counsel admitted that during this period no rent was tendered by petitioner. The learned counsel referred to certain cheques which were sent to the respondent but A they relate to a different period altogether. Admittedly, a decree for arrears amounting to Rs. 1,800 was passed against the petitioner. It was in this connection that the above cheques were sent. After going through the record, we are satisfied that) the eviction order passed against the petitioner is based on proper appreciation of the evidence by the Courts below. The petitioner has now been evicted from the premises in dispute. There is no force in this petition which is dismissed.
Leave refused.
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