MEHDI NASIR RIZVI vs MUHAMMAD USMAN SIDDIQUI

ORDER

' RANA BHAGWAN DAS, J.---Leave to appeal is sought from the judgment dated 25-8-1999 rendered by learned Judge in Chambers of the Sindh High Court in F.R.A. No.709 of 1998 whereby he affirmed the decision of the Rent Controller, Karachi East directing eviction of the petitioner from the house situated on Plot No.51 Block 2, Shah Faisal Colony, Karachi for the reason that the respondent bona fide require the premises for his own use and occupation in good faith.

2. Respondent invoked the jurisdiction of the Rent Controller for ejectment of the petitioner in the rounds of default in payment of rent, subletting and his personal requirement in good faith as the present accommodation available with, him was too congested and unsuitable for his family members. As usual petitioner resisted the eviction prayer or various grounds. Both the parties adduced oral evidence in support of their respective claims. On assessment learned Rent Controller found the petitioner in default in payment of rent and was also satisfied with the bona fide and reasonable requirement of the landlord for occupation of the premises, He also found the petitioner guilty of subletting and accordingly directed his eviction from the premises, Consequently petitioner challenged the findings before the Sindh High Court. On its part the learned High Court without going, into the issues relating to default and subletting was impressed by the evidence on record and accordingly upheld the eviction order on the ground of personal bona fide requirement of the premises for self-occupation of the respondent and his family.

3. Learned counsel for the petitioner was roble to suggest any illegality in the findings of fact recorded by the two courts below which is founded on careful evaluation of the evidence and proper analysis of the circumstances appearing on the face of the record. It is not disputed that the A respondent's family consists of the wife and three sons and that he has been living in the house owned by his brother whose family also consists of ten members. Obviously, accommodation at the disposal of the respondent was found to be too insufficient and not suitable for accommodating such large family. Furthermore, respondent's brother has a married daughter and she alongwith her two sans often visits her parents and resides with .Them. Besides one of the sons of his elder brother has attained the age of marriage leaving no room for doubt that the respondent is faced with a genuine and legitimate problem to get his own accommodation to ease the situation faced by him as well as his brother.

4. In the evidence adduced by the parties much emphasis was laid on the question of default in payment of rent inasmuch as the premises had been let out on rent to the father of the petitioner who has shifted to America long back but there is no circumstance available on the record tending to show that the desire of the respondent to use his own property is tainted with malice or any evil design. In fact respondent's statement on oath has not been seriously challenged and in law it being consistent with the case pleaded by him must be accepted on its face value and given due weight. In the absence of any strong evidence to rebut the presumption of truth in the statement of the respondent it is difficult to dislodge the conclusion drawn by the learned Rent Controller as well as the learned High Court. It is well-settled that the landlord has the absolute right to acquire and deal with his property in the manner best suited to him and a tenant has no right to disentitle the landlord of his valuable right to acquire, deal and possess his property which right is again guaranteed by Article 23 of the Constitution.

' No other point has been urged in support of petition which is without any substance. It is accordingly dismissed and leave to appeal refused. In view of the old tenancy the petitioner is allowed three months' time to hand over vacant and physical possession of the premises to the respondent subject to payment of usual rent failing which writ of ejectment shall issue without any prior notice with police and if necessitated by the circumstances.