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Second Appeal against Order No. 277 of 1972, decided on 10th March, 1980.

‑‑‑ Ss. 13 (2) & 15 (4)‑‑Second appeal ‑ Concurrent finding on default in payment of rent by Courts below‑No ground made out for interference ‑Ejectment order upheld.

Sh. Zahoor‑ul‑Haq for Appellant.

Memo for Respondent.

Dates of hearing : 16th February and 4th March, 1980.

This is an appeal filed against the order of the learned District Judge, Lyallpur (now Faisalabad) dated 15th July 1972 by which the order of the learned Rent Controller, Lyallpur (now Faisalabad), dated 4th December, 1971 was affirmed.

2. The respondent had filed a petition for eviction of the appellants in respect of a house constructed on plot No. 413/13, Peoples Colony, Faisalabad. The respondent claimed that the house was let out to the appellants on a monthly rent of Rs, 70. The eviction application pro ceeded on the ground of personal need and also that the appellants were defaulter in the payment of rent from July, 1969 to 23rd April, 1970. Damage to the property was also alleged in the petition for eviction. The appellants filed two separate written statements. Fazal Karim is the husband of Mst. Zainab Bibi appellant No. 2. The application was resisted on the ground that previously an application for ejectment was filed which was rejected. Mst. Zainab Bibi appellant No. 2 asserted that she bad paid the rent for the months of July, 1969 to the wife of the respondent landlord. The case of the appellant No. 1 was that he had paid the rent in Court and the rent for the month of July, 1969 had been cleared by paying water bill to the Municipal Committee. Issue No. 3 which related to default was found against the appellants and the order of eviction was accordingly passed by the learned Rent Controller on 4th November, 1971. The learned District Judge while dealing with the ques tion of default held as under:

I have considered the evidence on the file. The respondents have failed to prove that they paid the rent from July onwards. Receipts R/1 and R/10 regarding‑ the deposit of rent in Court are on the file. They show that the rent for the month of September was deposited. No receipt has been produced to show that the rent for the months of July and August, 1969 has been paid. Nor there is any oral evi dence to prove that fact."

3. The stand of the appellants for the payment of rent for the month of July was found to be contradictory. According to the appellant No. 1, the rent was utilised in paying the water bill while Mst. Zainab Bibi who never appeared as witness to prove this fact claimed that she had paid the rent to the wife of the respondent. The appellant No. 1 could not produce the receipts for the payment of the rent for the months of July and August.

As regards the dismissal of the earlier application it was found that the same was not hit by the provisions of section 14 of the West Pakistan Urban Rent Restriction Ordinance as the present petition proceeded on a fresh cause of action. On the question of default there is a concurrent finding of fact.

4. The respondent inspite of service has not appeared to contest this appeal hence it is decided ex parte.

5. ‑ However, no ground has been made out to interfere in the orders of the Courts below and the same is dismissed with no order as to costs. The appellants are given four months, time to deliver the vacant possession.

M.Y.H. Appeal dismissed.

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