Keywords: Costs, Eviction Application, Notice, Prescribed By Law, Ejectment, Place, Tenant, Payment, Civil Court, Interference, Reappraisal Of Evidence, Finding Of Fact, Rent, Dispute, Parties, Conditions, Rebuttal, Order, Consent, Rent Controller, Examination, Premises, Demised Premises, Payment Of Rent, Injunction, Eviction Of Tenant, Period, Government, Ejectment Application, Procedure, Landlord, Plea, Consideration, Personal Need, Cross-Examination, Tenancy, Leave, Proceedings, Grounds, Possession, Evidence, Inter Alia, Notices, Grievance, Bona Fide, Rented PremisesResult: Petition dismissedJUDGMENT The appellant Fahmida Jahan Begun is the owner of House No. 146/6/2, P. E. C. H. S., Karachi. By an agreement in writing dated 23-10-1971 the appellant let out the aforesaid house to the respondent for a period of 4 years commencing from 1-11-1971 at a monthly rental of Rs. 1,200. The covenants of the agreement inter alia provided that the lessor (appellant) shall not interfere with the peaceful possession and enjoyment of the .Premises during the period of tenancy and further that the lessor shall not construct any building above the premises without the written consent of the lessee. At the time of agreement, in terms of the covenants of the lease the respondent paid one year's rent amounting to Rs. 14,400 in advance and as 'to the future it was stipulated "that the lessee shall pay after one year, one year's rent in advance'". 2. However, the appellant sought the eviction of the respondent on 16-4-1974 on three grounds, namely default in the payment of rent, bona fide personal requirement of the premises by the appellant and damage to the building. The Controller after hearing the evidence of the parties, however, rejected all the pleas advanced by the appellant and dismissed the application for eviction by his order dated 31-3-19`r5. On appeal by the appellant the learned Additional District Judge and Appellate Authority. Karachi armed the decision of the Controller and dismissed the appeal by his judgment dated 16-9-1976. Consequently the appellant seeks by this Ill Appeal under section 15(4) of the Urban Rent Restriction Ordinance, [959…
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