ORDER SHEET

 IN THE HIGH COURT OF SINDH AT KARACHI

                       C.P. No.S-105 of 2017_____________________________________________________

Date                      Order With Signature Of Judge

__________________________________________________________

Fresh case

1. For orders on CMA No. 405/17

2. For orders on CMA No. 406/17

3. For hg of main case

4. For orders on CMA No. 407/17

19.01.2017.

          Mr. Muhammad Salman Khan, advocate for petitioner.

1.       Granted.

2        Granted subject to all just exceptions.

3&4.  Respondent No. 1/ applicant/ landlady filed Rent Application under section 15 of the Sindh Rented Premises Ordinance, 1979 bearing Rent Case No.45 of 2014 before the 5^th Rent Controller Central, Karachi against the petitioner/ opponent/ tenant in respect of Flat bearing No. Q-301, situated in Saima Avenue, Sector 14-B, Shadman Town, North Karachi, Karachi on the grounds of personal bonafide need and willful default in payment of monthly rent @ Rs.8000/- from December, 2013 and to pay utility bills of KESC amounting to Rs.1,11,137/-, water charges amounting to Rs.9677/- and maintenance charges amounting to Rs.9000/- of the tenement. The rent case was resisted by the petitioner/ opponent by filing written statement, alleging therein that he got the demised premises on Pugri basis ten years ago and paid Rs.1,00,000/- to respondent No. 1 as Pugri amount including utility charges. After recording pro and contra evidence of the parties, the learned Rent Controller allowed the rent ejectment application, vide order dated 24.05.2016, directing the petitioner/ opponent to handover the vacant peaceful possession of the tenement to respondent/ applicant within thirty days from the date of order. The petitioner assailed the said order in F.R.A. No. 70 of 2016, which was heard and dismissed by learned 6^th Additional District Judge Central, Karachi, vide judgment dated 10.12.2016, directing the petitioner to handover the vacant and peaceful possession of the tenement to respondent within sixty days. It is against these concurrent findings of lower Courts below that the instant petition has been filed by the petitioner/ opponent.

2.      At very outset, the learned counsel for the petitioner has failed to point out any illegality or irregularity in the impugned order and judgment passed by the lower Courts below. It appears from the perusal of the record that the respondent No. 1 served a notice upon the petitioner asking him to vacate the tenement by 30.05.2012, as the same was required to her for her personal baonfide use and to pay arrears of utility bills. It has also come on record that besides being remained irregular and defaulter in payment of monthly rent, the petitioner committed default, which was admitted by him in his cross-examination, in payment of electricity bill, as such, an amount of Rs.1,12,000/- was outstanding against him. It is settled principle of law that non-payment of electricity charges would be deemed to be non-payment of rent.

3.      Hence, I am of the considered view that the impugned judgment and order, passed by the lower Courts below do not suffer from any illegality or irregularity, requiring any interference of this Court under its Constitutional jurisdiction under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973; therefore, this Constitutional petition is dismissed, being devoid of any merit, in limine along with listed application. The petitioner is directed to vacate the tenement and handover its vacant peaceful possession to respondent No. 1 within sixty days hereof and to clear the utility as well as maintenance charges. In case, the petitioner fails to clear the utility and maintenance charges of the tenement, the respondent No. 1 shall be at liberty to seek her remedy available to her under usual mode of proceedings in accordance with law.

                                                                                      JUDGE