ATAUR REHMAN Versus Sh. KHUSHI MUHAMMAD

1. This appeal under section 21 of the Sind Rented Premises Ordinance; 1979 is filed by the landlord/appellant against the order of Rent Controller, dated 12th February, 1984. By the impugned order the Rent Controller dismissed the application filed by the appellant under section 14 of the Ordinance on the ground that the appellant after having attained the age of 60 years had let out a similar premises m the building to another person. Mr.Mazharul Jamil, the learned counsel for the appellant contends that the letting out of the premises by the appellant in the year 1983 was of no significance as the requirement of the appellant was in respect of the ground floor of premises as he was advised by the Doctor not to climb the stairs on account of High Blood Pressure and Esthama. The contention raised by the learned counsel has no force. The appellant/landlord in his evidence before the Rent Controller admitted in cross‑examination that in the year 1983 he got vacated a flat on the first floor of the building and let out the same to another person. The appellant became 60 years of age in. the yea=, 1980‑81. The appellant having let out the premises after attaining the age of 60 years was debarred under the 1st proviso to section 14 of the Ordinance from filing the ejectment case under section 14 ibid. The Rent Controller, therefore, rightly dismissed the application of the appellant. There is no merit in this appeal which is accordingly dismissed but there will be no order as to costs.

2. M.Y.H./A‑326/K Appeal dismissed.