Find a Lawyer

First Rent Appeal No. 39 of 1982, decided on 14th March, 1982

‑‑S. 14‑Vacation of portion of premises by another tenant Landlady attaining age of 60 years in 1971 and in 1981 sending notice to tenant giving two months to vacate tenement‑ Ejectment application filed by landlady and tenant ordered to be evicted‑Tenant's conten tion that Rent Controller did not consider alleged vacating of ground floor by another tenant,‑ held, prima facie not relevant in context of S. 14.

S. F. Abdullah for Appellant.

Zahiruddin Ahmad for Respondent.

Date of hearing : 14th March, 1982.

This is an appeal against the order dated29‑11‑1981 ordering the appellant's ejectment on the ground that the respondent has attained the age of 60 years.

The brief facts leading to the filing of the above appeal are that the respondent filed Rent Application No. 1728/81 under section 14 of the Sind Rented Premises Ordinance, 1979 on the ground that she had attained the age of 60 years in the year 1971 and, therefore, was entitled to the benefit of section 14 of the Ordinance. It was also averred that a notice dated 7‑2‑1981 was served on the appellant on 11‑2‑81 giving the appellant two months statutory time for vacating the tenement. It seems that the above application was resisted by the present appellant and inter alia it was pleaded that the application was not competent under the above section of the Ordinance and that the ground in the application was fabri cated one. It further seems that after the closing of the respondent's evidence and before the conclusion of the appellant's evidence, he (appel lant) filed an affidavit dated 19‑8‑1981 alleging therein, that one Mrs. Eick Mohd. Yousuf is vacating the ground floor and that she may be summoned. It also seems that the respondent filed the affidavit through her attorney and also the affidavit of Mrs. Eick Mohd. Yousuf denying the above allegation. The learned Rent Controller after bearing the arguments on the basis of the evidence on record passed the order under appeal. The appellant being aggrieved by the above order has filed the present appeal.

In support of the above appeal, Mr. S. F. Abdullah, learned counsel for the appellant has urged that the learned Rent Controller erred in not taking into consideration the fact that another tenant, namely, Mrs. Eick Mohd. Yousuf was vacating the ground floor which was in fact let out by the respondent to some other person. In furtherance of the above contention, he has referred to para. 4 of Mrs. Eick Mohd. Yousuf's afore said affidavit dated 31‑8‑1981, in which it was averred that she wanted to go abroad for four months with the intention to return/coming back and that her children shall remain at Karachi and they shall continue to live with her mother and family members in the same tenement. The above affidavit does not show that in fact Mrs. Eick Mohd. Yousuf had vacated the premises. Furthermore, prima facie the above allegation was not relevant in context with section 14 of the Sind Rented Premises Ordinance, 1979.

It may be observed that there is no denial on the part of the appellant of the factum that the respondent had attained the age of 60 years as averred by her in her application and that he had received two months statutory, notice before the filing of the rent case. In view of the matter, the Rent Controller was justified in passing the order under appeal. The appeal has no merit and, therefore, it is dismissed in limine.

However, I grant four months time to the appellant from today on the condition that the appellant shall continue to deposit rent with the Rent Controller for the above period and in case of default, the respondent shall be entitled to file an execution application before the expiry of four months period. Furthermore, in case the appellant fails to vacate on the expiry of above four months period, the Rent Controller shall issue a writ of ejectment without further notice to the appellant.

K M.A. Petition dismissed

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.