1985 PLP 587 (MLD)

Briefly stated tire facts are that appellant Jawed Salehjee is tenant of the respondent in respect of 2nd floor of building on Plot No. 2-L, Block No. 2, P. E. C . H . S . , Karachi at the rate of Rs. 250 plus Rs.16 water charges and electric charges. On 24-5-1981 respondent landlord filed rent case under section 15 of the said Ordinance on the ground of personal bona fide requirement and non-payment of electri c charges. The appellant in his written statement while denying both the, allegations stated that respondent has enough accommodation on the ground floor and the first floor for the use of his family and there are no arrears of electric charges. The learned Rent Controller on the pleading of both the parties framed the following issues:- "(1) Whether the opponent has committed default in the payment of electric charges amounting to Rs.1,414.80? (2) Whether the premises in question is required by the applicant in good faith for his personal use and for the use of his family.' Both the issues were decided against the appellant and the learned Rent Controller allowed the ejectment application and directed the appellant to hand over the vacant possession to the respondent within two months. I have heard Mr. Qudratullah, Advocate for the appellant and Mr. Abdul Qadir, learned counsel for the respondent. I have also gone through the evidence adduced by the parties. Ansar Ahmed landlord /respondent in his evidence stated that his family consists of 12 members, and his four sons are major out of them one is married and marriages of other sons could not be arranged for want of accommodation. He has given details of the accommodation in his statement. He has further stated that appellant is paying Rs.30 only as electric charges and according to reading of meter of sub-meter the appellant consumed 418 units in four months and he is in default. He has examined his two sons Muhammad Ahmed and Mashhood Ahmed in support of his contentions. The appellant in his evidence stated that respondent had never sent any electric bill or any statement of electric charges from May, 1979 and he used to pay Rs.ls as conservancy charges and electric charges. He has stated that respondent is residing with his family members on the first floor and ground floor which accommodation is sufficient for his family. There is no written agreement between the appellant and respondent. The appellant Ansar Ahmed has stated in his evidence that respondent paid his rent up to April, 1979 regularly including water charges and electric charges according to sub-meter reading. He has produced one electricity bill Exh.4-A and it has also been admitted by him that respondent started depositing rent and electric charges in Court. The dispute about electric charges stand unresolved and appellant in these circumstances cannot be held a wilful defaulter of electricity charges. The appellant is in possession of ground floor and first floor of the premises. The terrace consisting of two rooms was rented out to the appellant in the year 1974. The respondent has admitted that he got two rooms of ground floor vacated in April, 1981 from a tenant where he is running a factory. P.W. Mashhood Ahmed Exh.6 admitted in his cross-examination that appellant rented out two rooms on ground floor which he got vacated in April, 1981. He further states that two rooms are in his occupation'. He is son of respondent. The appellant had also taken plea in Miscellaneous Rent Case No. 2241 of 1979 that respondent wants to dispossess the appellant forcibly, and it is also admitted that respondent /landlord is running B hosiery factory on the ground floor of the residential premises. Had h been in a need of accommodation for family he could not have started factory. The bona fide personal requirement has not been proved. For the reasons stated above, I accept the appeal and set aside the eviction order, dated 31-3-1982 passed by VI1 Senior Civil Judge and Rent Controller, Karachi. The parties to bear their own cost. A . A . Appeal accepted.