2011 CLC 538 KARACHI-HIGH-COURT-SINDH

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AHMED VS Miss AISHA TARIQ Cantonments Rent Restriction Act 1963--15 , Cantonments Rent Restriction Act 1963--7 , Ejectment of Tenant--TERM , Ss. 7(5) & 15---Ejectment of tenant---Default in monthly rent---Expiry of tenancy agreement---Rate of monthly rent---Contention of tenant was that after expiry of tenancy agreement, no new agreement was executed between the parties; therefore,, he had become statutory tenant and was not required to pay enhanced rent---Validity---After expiry of tenancy agreement if the same was not mutually renewed then terms and conditions of expired agreement would continue on the same terms and conditions as mentioned in the tenancy agreement including any provision to enhancement of rent, and only those terms and conditions would not be applicable which were repugnant to Cantonments Rent Restriction Act, 1963---Tenant admitted in his cross-examination that rate of rent was Rs. 75,000/- and after enhancement of 10%, rent became Rs. 82,500/- per month---Provisions of S. 7 (5) of Cantonments Rent Restriction Act, 1963, would be applicable only after once the fair rent was determined by the Rent Controller---As the enhancement .was in terms of tenancy agreement and no fair rent was fixed by Rent Controller, therefore, Rent Controller had rightly come to the conclusion that tenant had defaulted in payment of differences of rent---High Court maintained the eviction order passed against tenant by Rent Controller---Appeal was dismissed in circumstances.