MUHAMMAD GHAZI QURESHI Versus MUHAMMAD MUDASIR

ORDER

1. KHAWAJA NAVEED AHMED, J .--- Appellant has filed this First Rent Appeal against the order dated 10-1-2007 passed by the learned Additional Controller of Rents, Clifton Cantonment, Karachi, in Rent Case No.58 of 2002.

2. Ms. Shahida Nasreen, Advocate for appellant, has argued that the learned Additional Controller of Rents has not appreciated the evidence and has given one sided finding on the issues framed by him in this case. She states that there is only month's default in payment of rent and as far as other three issues are concerned, those have not been proved. She has drawn attention of this Court towards the report of the Commissioner who has reported nothing about the nuisance but only stated about the grinding machine, polishing of the marbles and there is no marble cutting in the tenement.

3. Mr. Iftikhar Javaid Qazi, learned counsel for the respondent, has stated that the order of the Additional Controller of Rents is strictly in accordance with law and there is no lacuna in the order, which calls for interference by this Court. He submitted that the appellants' counsel herself has admitted that there is default of one month in payment of rent. He, however, stated that the default in payment of rent was of two months. The learned counsel further submitted that there are reported cases of the superior Courts where default of even 2/3 days in payment of rent was not condoned and ejectment orders were maintained.

4. I have heard the learned counsel for the parties and perused the record. The tenement in question is a commercial place and during arguments it transpired that criminal litigation was also initiated by the landlord/respondent against the tenant/appellant. The tenement is a business place and it will be in the fitness of the things if the tenant enjoys peaceful possession of the property so that he can promote his business. The tenant/appellant and landlord/respondent both are present in Court. They are young men and appear to be educated. The Court has given them a suggestion that Court will grant sufficient time to the appellant to vacate the premises to which the landlord as well as the tenant is agreed.

5. By consent, it is ordered that the appellant shall hand over vacant, peaceful physical possession of the Ground Floor, Hall, 106-C, Khayaban-e-Ittehad Phase-II Extension, Defence Housing Authority, Karachi, to the landlord after expiry of two years from today. In case of his failure to hand over the vacant, peaceful physical possession of the tenement to the landlord after expiry of two years from today, the Additional Controller of Rents, Clifton Cantonment, Karachi will issue writ of possession without notice with police aid and order of breaking open the locks. This order is subject to payment of monthly rent as well as the utility bills. In case of default in payment of monthly rent or utility bills, the order will become operational from the date of default.

6. The F.R.A. along with the listed application is disposed of in above terms.

7. H.B.T./M-111/L Order accordingly.