1985 PLP 2864 (CLC)

This appeal is directed against the order dated 28-11-1983 passed by learned Senior Civil Judge and Rent Controller IX, Karachi, in Rent Case No.3318/80 allowing the respondent's application for ejectment on the ground of personal requirements. The brief facts leading to the filing of the appeal are that the respondent was working in the Railways Department and was posted at Quetta. He owns a house on Plot No. 1587/14, measuring 120 Sqr. Yds. Dastagir Colony, Federal 'B' Area, Karachi, having 3 rooms according to respondent and 4 rooms according to the appellant. One of the above rooms on the road side was let out to the present appellant in 1967, which has been used by him as a shop. It seems hat the respondent retired from the Railways on 10-12-1979. He filed, the aforesaid application under section 14 of the Sind Rented Premises Ordinance, 1979 (hereinafter referred to as the Ordinance), for ejectment of the appellant on 28-5-1980 on the ground of his retirement. However, during the pendency of the rent application the same was converted into an application under section 15 of the Ordinance. In support of the application the respondent had examined himself and his son Shakil Ahmed, whereas the appellant had examined himself and his son Zahid Iqbal. The learned Rent Controller has allowed the above application. The appellant being aggrieved has filed the present appeal. ?In support of the above appeal, learned counsel for the appellant Mr. Kadir Bux Bhutto has vehemently urged that it has been proved that during the pendency of the Rent Case the respondent had converted one of the rooms of his above house into a shop, and therefore, the above act clearly establishes mala fide on the part of the respondent and lack of bona fide personal requirement. On the other hand Mr. Masood Shahryar learned counsel for the respondent has contended that the respondent has started small business in the corridor of the house in order to supplement his meagre pension amount, which cannot be construed as lack of bona fide requirement. ?From the evidence on record, it is evident that the respondent has admittedly retired from service in December 1979. He shifted his family from Quetta to Karachi. It has also been proved that there are 7 members of family including the above son, who has been recently married, as per admission of the appellant's above son, Zahid Iqbal. According to the respondent he has only two rooms in his possession but as per deposition of the appellant above son the respondent has three rooms. Be that as it may, in my view even three rooms are not sufficient to accommodate comfortably 7 members of the family. I am inclined to hold that mere start of business by the respondent in a small portion of the house for supplementing his pension does not adversely reflect on the respondent's personal bona fides. I, therefore, concur with the finding of the learned Rent Controller and dismiss the above appeal with no order as to costs. ?However, since the appellant is running his business, in the rented premises, I allow him one year time from today on the condition that he shall continue to pay the rent, in terms of the Rent Controller's order, failing which the respondent shall be at liberty to file an execution application before the expiry of the above one year period. Furthermore, in case the appellant fails to hand over the vacant possession of the premises on the expiry of the above one year period the learned Rent Controller shall issue Writ of Ejectment without any further Notice to the Appellant. H.B.T.????????????????????????????????????????????????????????????? ??????????????????????????????????? Eviction upheld.