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First Rent Appeal No. 862 of 1982, decided on 12th December, 1982.

‑‑ S. 15‑Eviction proceedings‑Landlord's requirement in good faith‑Tenant failing to hand over tenement after expiry of tenancy period‑Landlord, held, entitled to seek ejectment‑ Invoking of such right in good faith not requirement of law.

Raja Mir Muhammad Khan for Appellant.

Bashir Ahmad for Respondent.

Date of hearing . 12th December, 1982.

This is an appeal against the order, dated, 12‑7‑1982 passed by the learned IInd Senior Civil Judge and Rent Controller, Karachi in Rent Case No. 3860 of 1981, ordering ejectment of the appellant inter alia on the ground that the tenancy agreement Exh. 2, dated 1‑10‑1980 had expired after 11 months. The relevant facts leading to filing of .the above appeal are that the respondent filed the above rent case inter alia on the grounds that the tenancy agreement had expired, the tenant had caused damage to the property by breaking window panes and doors, shutters and impair ing of the utility of the tenement. The above application was resisted by the present appellant, however; the learned Rent Controller on the basis of the evidence of the parties granted the respondent's above application. The appellant being aggrieved by the above order has filed the present appeal.

2. In support of the above appeal Mr. Raja Mir Muhammad Khan, learned counsel for the appellant has contended that the appellant had challenged the tenancy agreement Exh. 2 on the ground that the responder had obtained his signature on the above document by representing that the said document was to be filed in the Excise and. Taxation Department. The above plea has been disbelieved by the learned Rent Controller. I am inclined to agree with the learned Rent Controller on the above point.

It was next contended by the learned counsel for the appellant that the appellant had not come forward to the Court in good faith as in his application the respondent had averred, that he was not willing to keep the appellant as his tenant, but in his cross‑examination he admitted that he was ready to keep the appellant as his tenant provided the rent was enhanced. Under section 15 of the Sind Rented Premises Ordinance, 1979 a landlord is entitled to seek ejectment of a tenant, who fails to hand over the tenement after the expiry of the tenancy period. There is no requirement in law that he should invoke this right in good faith. In the instant case as the tenancy period had expired on 30th August, 1981, the respondent was entitled to ask the appellant to hand over the vacant possession, failing which he could approach the learned Rent Controller. It is an admitted position that after the expiry of the above tenancy period, the respondent had not accepted any rent from the appellant. The finding of the learned Rent Controller on the above question cannot be assailed on the plea that the application was not bona fide. The appeal is, therefore, dismissed in limine. However, I grant four months' time to the appellant from today for vacating the tenement in question on the condition that the appellant shall continue to deposit rent in terms of the learned Rent Controller's order, failing which the respondent shall be at liberty to file an execution application before the expiry of the above four months period. Furthermore, in case the appellant fails to hand over vacant possession of the tenement on the expiry of the above period, the learned Rent Controller shall issue a writ of ejectment without further notice to the appellant.

M.Y. M. Appeal dismissed.

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