Law:

Section:

Keywords: Good Faith, Defence, Quasi-Judicial, Nazim, Retrial, Bona Fide, Proceedings, Landlord, Sufficient Cause, Receipt, Plea, Failure, Production, Maintain, Provisional, Provisions, Costs, Set Aside, Premises, Case Remanded, Tenant, Dispute, Rent Agreement, Enhancement Of Rent, Ejectment, Interlocutory Order, Place, Commencement, Remand, Parties, Technicalities, Order, Determination, Rent Controller, Personal Need, Impugned Order, Evidence, Rent, Enhancement, Consideration, Rented Premises Result: Appeal accepted JUDGMENT This appeal is directed against the order dated 20th November, 1978, passed on the rent appeal of the respondent by the learned Additional District Judge, Karachi. 2. The brief facts of the case are that the appellant is the owner of a house bearing No. 252/0, Block 6, P. E. C. H. S., Karachi, where the respondent has been residing as his tenant on monthly rent of Rs. 910 in terms of an agreement dated 25th February, 1974. The appellant was transferred to Karachi in 1975 and he accordingly first made a request to the respondent to vacate the house as the premises were required by him in good faith for his own bona fide use. On the failure of the respondent to vacate the house, the appellant filed an application before the Rent Controller on 17th March, 1976, under section 13(3)(a) of the West Pakistan Urban Rent Restriction Ordinance, 1959 (hereinafter referred to as "the Ordinance"), on the ground that he required the house in good faith for his own occupation. The application was opposed by the respondent on the plea that the appellant had filed the application since his request for the enhancement of rent was refused by him. The learned Rent Controller on the basis of the pleadings of the parties framed the following two issues :- (i) Whether the applicant bona fide requires the premises in question in good faith for his personal use and for the use of his children ? (ii) What should the order be the appellant in his deposition stated that the premises were required by him for his personal residence and for his children. He also stated that he was residing in a rented house No. A-498, Block L, North Nazim abad for which he was paying…

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