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Firstest Rent Appeal No.872 of 1986, decided on 11th January, 1987.

---Ss.11 & 21--Disconnection of electricity--Landlady denying in written statement that electricity, which was to be supplied by her under terms of tenancy agreement, had been disconnected Finding of Rent Controller that it had not been disconnected thus being based on evidence, interference with his finding declined.

Badrul Alam for Appellant.

Respondent in person.

Date of hearing: 11th January, 1987

This appeal has been filed under section 21 of the Sind Rented Premises Ordinance, 1979, by the appellant/ tenant, being aggrieved by the order, dated 31-8-1986 passed by the learned Rent Controller, Karachi, dismissing Rent Application No.474 of 1985 filed by the appellant under section 11 of the Rent Ordinance. The grievance of the appellant., before the Rent Controller was that he gets electricity from the respondent/ landlady under terms of the tenancy agreement and the electricity has been disconnected. In the written statement it was denied by the respondent that the electricity has been disconnected. After recording evidence, the learned Rent Controller, by order, dated 31-8-1986, dismissed the application holding that it had not been established that electricity had been disconnected by the respondent. I have heard Mr. Badrul Alam, learned counsel for the appellant and respondent Mst. Safia Bai, who appeared in person.

2. It was submitted by the learned counsel for appellant that the appellant does not have a separate sub-meter for supply of electricity to the small shop, which is in his occupation as a tenant of the respondent and the method adopted by the respondent to harass the appellant and to cause loss to him in his business is by switching off the electricity from flats upstairs, which are in possession of the respondent. The respondent denies the submissions made by the learned counsel for the appellant, who submitted that at no point of time the electricity had been disconnected.

3. On the evidence on record, the learned Rent Controller came to the conclusion that the electricity had not been disconnected. Learned counsel for the appellant had relied upon an answer given by the respondent in her cross-examination that electricity might have been disconnected after the filing of a suit by the appellant. Be that as it may, the finding of the Rent Controller that electricity had not been disconnected by the respondent, is based on evidence and I do not find any reason to interfere with such finding.

F.R.A. No.872 of 1986 is dismissed with no order as to costs.

M.Y.H./M-100/K Appeal dismissed.

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