HUSSAIN vs MESSRS MERCHANT NAVY CLUB SOCIETY
This matter comes before the Supreme Court of Pakistan through a petition for special leave to appeal filed by a tenant against the concurrent findings of the lower forums, including the Rent Controller, the District Judge, and the High Court, which ordered his eviction from the disputed premises. The respondent landlord had sought eviction under section 13 of the West Pakistan Urban Rent Restriction (Second Amendment) Ordinance, 1959, on the grounds of default in rent payment for a period of twenty-five months and personal requirement. The core legal question concerned the legality of the tenant's ejectment for non-payment of rent. The Supreme Court held that the concurrent orders directing the ejectment of the petitioner on the ground of non-payment of rent were lawful and properly made by the courts below. The key principle laid down is that concurrent factual findings regarding default in rent payment under the relevant rent restriction laws warrant no interference by the apex court in appellate review.
- Whether a tenant can be evicted on the ground of default in rent under the West Pakistan Urban Rent Restriction (Second Amendment) Ordinance 1959?
- Does the Supreme Court interfere with concurrent findings of lower courts regarding non-payment of rent?
- Section 13, West Pakistan Urban Rent Restriction (Second Amendment) Ordinance 1959
ORDER
WAHIDUDDIN AHMAD, J.-The petitioner was a tenant of two quarters in the compound of Asian Sea Men's Club, Karachi, on a monthly rent of Rs.
50. Respondent filed an application for eviction against him under section 13 of the West Pakistan Urban Rent Restriction (Second Amendment)
Ordinance, 1959, from the said quarters, on the ground that he had not paid rent for 25 months commencing from September 1961 ending September 1963. The eviction was also claimed on the ground that the premises in dispute was required for their own use by the respondent. In Case No. 3242 of 1963, the Additional Civil Judge, Karachi, as Rent Controller, ordered the eviction of the petitioner on the 17th April 1965. This order was challenged in appeal before the District Judge, Karachi. Civil, Appeal No. 336 of 1965 was dismissed on the 25th January 1967. The matter was then taken before the High Court and a learned Single Judge of the High Court dismissed Second Appeal No. 149 of 1967 on 13th May 1969. The High Court held that the two Courts below were right in directing ejectment of the petitioner on the ground of non-payment of rent. The petitioner seeks permission to file an appeal against the said order.