Law:

Section:

This appeal under section 21 of the Sindh Rented Premises Ordinance, 1979 hereinafter called the Ordinance, is directed against order, dated 27-11-1989 passed by the then learned IIIrd Rent Controller, Karachi, West, in Rent Case No.192 of 1987, whereby the eviction application of appellant was dismissed. The facts relevant for decision of this appeal are as follows:---

Appellant Muhammad Naseeruddin on 19-2-1987 filed eviction application against respondent Mst. Hashmat Bibi for her eviction from shop, situate on Plot No.13-2/1, Pak Colony, Manghopir Road, Karachi, on the grounds of default in payment of rent, bona fide personal use, subletting, impairing value and utility of the premises, and nuisance. It is alleged that respondent did not pay rent after November 1986. According to appellant, he is running a General Store in a shop which is adjacent to the demised shop and he requires said shop for himself and for his sons. The respondent resisted the claim of appellant and stated that said shop was rented out to her husband in the year 1972 and after his death, she is the tenant and is paying rent regularly at the rate of Rs.200 p.m. According to her, the appellant, now, wants to increase rent from Rs.200 to Rs.500 p.m. and since she declined to pay rent at above rate these proceedings were started against her. She emphatically denied all the allegations of the appellant.