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First Rent Appeal No. 703 of 1982, decided on 31st January, 1984.

---S. 13--Default--Explanation for non-payment of rent that rent paid was returned after few days, not satisfactory--Tenant neither caring to send rent by money order nor depositing same in Court--Tenant, held, wilful defaulter in circumstances.

1981 S C M R 1081 ref.

---S. 13--Bona fide personal requirement--Landlord's one son and daughter living with their aunt--Two other sons want to come from Kuwait for higher studies as there was no college in Kuwait--Bona fide personal requirement, held, established.

M. Qaiser Qureshi for Appellant.

A.Q. Halepota for Respondent.

Date of hearing: 19th January, 1984.

This First Rent Appeal is directed against the order dated 22-5-1982 of XII Senior Civil Judge and Rent Controller, Karachi by which he has allowed the ejectment application of respondent Shaikh Muhammad Jamal and directed the appellant Abid Ali to hand over the vacant possession to him.

The facts in this case are that respondent Abid Ali/Appellant is tenant of Bungalow on plot bearing No.572/A situated in Block VI P.E.C.H.S. Karachi at monthly rent of Rs.280 p.m. This bungalow is property of Sheikh Muhammad Jamal who on 17-12-1976 filed application under section 13 of West Pakistan Urban Rent Restriction Ordinance, 1959 and prayed for ejectment of appellant on the grounds of bona fide personal requirement and default in payment of rent.

Appellant filed his written statement on 15-4-1977 in which he stated that representative of respondent used to collect rent in lump sum. Rent from 1-10-1976 to 31-3-1977 was paid to him but did not Pass receipt and when it was demanded he within 5/6 days returned the amount so received.

Appellant in his evidence before Rent Controller stated same facts as mentioned in his written statement. He has also deposed that respondent is living in Kuwait since last 10-12 years and none of his dependants or children are at Karachi, therefore, premises are not required for his own use. He has admitted that at the time of filing of rent case, the rent from 1-10-1976 was not paid as Iqbal who used to receive the rent had not accepted the amount. It is admitted fact that he had not sent rent by Money Order or deposited in the Court. Appellant had not examined any witnesses in his support.

On behalf of respondent three witnesses were examined before the Rent Controller, P.W.1. Muhammad Iqbal has stated that he used to collect the rent on behalf of respondent but appellant did not pay rent regularly. Next witness Habib Wazir Exh.2, who is brother-in-law of respondent has stated that respondent is in service at Kuwait and during leave when he comes he resides with him. He had asked appellant to vacate the house of respondent so that his children may go and live in their house. He has a house of two rooms which is insufficient for his family. P.W.3. Mohammad Jamil is son of respondent /landlord. He has stated that he and his sister are students and reside at Karachi with their aunt (sister of his father) wife of P.W.Wazir.

He has further stated that they require their house for personal bona fide use for his two other younger brothers who are in Kuwait and want to come for purpose of higher studies as there is no college in Kuwait.

I have heard Mr.M.Qaiser Qureshi learned counsel for appellant and Mr.A.Q.Halepota for respondent.

Mr.Qaiser Qureshi contended that Rent Application is not maintain able as Rent Application was filed before expiry of 60 days as rent of October, 1976 was due to be paid on 1-11-1976 and Rent Application was filed on 27-12-1976. He has also submitted that evidence led on behalf of respondent on point of personal requirement is not sufficient and specifically it is not mentioned in the Rent Application that respondent requires the house for his children.

Mr.A.Q.Halepota submitted that appellant is chronic defaulter as it is clear from the receipts produced before the Rent Controller that he was not in habit of paying rent regularly every month. He has argued that omission in the application cannot be considered fatal for which he has relied upon a case reported in 1981 S C M R 1081.

From the record and evidence it is proved that appellant was in arrears of rent from October, 1976, at the time of filing of rent application. He has also admitted that he paid rent of October, 1976 to March, 1977 to Iqbal but after few days he returned the amount.

The explanation for non-payment of rent is not satisfactory. Appellant has not cared to send rent by Money Order nor he has paid the amount in Court. Accordingly appellant has committed wilful default of rent.

On point of personal requirement there is no reason to disbelieve the evidence of Muhammad Jamil who is son of respondent /landlord. His contention gets support from P.W. Habib Wazir. The learned Rent Controller has discussed the evidence of these witnesses at length in his order and rightly decided this issue in favour of respondent.

In view of the above discussion I maintain the order of the Rent Controller and consequently this appeal is dismissed with no order as to costs.

M . A . K . Appeal dismissed.

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