Law:

Section:

This First Rent Appeal is directed against the order dated 5-7-198 passed by the 1st Senior Civil Judge/Rent Controller, Karachi West whereb dismissing the eviction application filed by the appellant.

The facts leading to the filing of the above appeal are that the appellan is the landlady of Plot No.ST-3, (68 to 72) measuring about 1,000 square yard; situated at Circular Road (Sir Shah Muhammad Suleman Road), Deh Gujro KDA Scheme No.16, Karachi and the respondents are the tenants thereof, whereupon the respondents have been running their petrol pump and since 15-4-1982 they were paying rent at the rate of Rs.3,000 per month. Prior to that, they had been paying rent at the rate of Rs.2,500 per month. On the basis of the offer made by M/s. Dawood Petroleum Limited, the predecessors of the respondents, by letter dated 8-1-1971. to the mother of the appellant who was the owner of the aforesaid plot at that time, she agreed to execute lease deed dated 26-5-1972 in their favour. By a registered lease deed dated 26-5-1972, the respondents entered into possession of plot in question. The lease was for a period of ten years effective from 15-4-1972. The lease inter alia gave the respondents option of renewal of the said lease for two further terms of ten years each on the same terms and conditions contained in the lease deed. It is provided in clause 2(b) of the lease deed as under: