Case Details

Citation(s)
1994 SLG 1616 1994 SLD 1616 = 1994 PLD 446

First Rent Appeal No.101 of 1993, decided on 2nd June, 1994.
Mukhtar Ahmed Junejo, J

Dr. RIAZ AHMED --- Appellant

VERSUS

SABIR ALI BHOJANI---Respondent

Law:

Section:

Appellant Riaz Ahmed has called in question orders dated 22-11-1992 and 8-2-1993 passed by 11 Senior Civil Judge and Rent Controller, Karachi East in Rent Case No.336 of 1992. Said rent case was filed by respondent Sabu Ali Bhojani for eviction of appellant Riaz Ahmed from the house in litigation built on plot NoA-292, Block No.2, K.DA. Scheme No.24 Gulshan-e-Iqbal, Karachi.                                                  Admittedly respondent is owner of the house in litigation, which is in possession of the appellant as tenant of the respondent. Rent of the house according to the respondent is Rs.3,000 per month and it is same according to the appellant. There was also an agreement about hiring charges of fixtures in the house in litigation, for which the appellant was required to pay an Additional amount of Rs.2,750 for each month subject to installation of the same.   In this Rent Application No.336 of 1992, the respondent sought eviction of the appellant on the grounds that the appellant had defaulted in payment of rent and hire charges for fixtures from 20-12-1991 till the date of filing of the rent application and that the house in litigation was required reasonably and in good faith by the respondent for his own bona fide use.   The rent application was opposed by the appellant who in his written statement took plea that he had paid Rs.46,000 as security deposit and Rs.500 as token money and Rs.3,000 as advance rent. In respect of the hiring charges for the fixtures, the appellant stated that the fixtures were not yet supplied. Appellant added that under an agreement executed in December 1991 between the parties it was settled that the amount of security deposit would be adjusted towards the future monthly rent and that the appellant paid Rs.16,500 for supply of fixtures and Rs.1,500 towards electricity bill for consumption before commencement of tenancy. Some more rent was said to have been deposited by…
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