' PERVAIZ INAYAT MALIK, J.---Briefly stated facts as those emerge out of this appeal are that the Property No,2417/C/3 measuring 28 Marlas situated at Humayon Road near Khayam Cinema Multan was rented out to the appellant by the previous owners of respondent; that the respondent filed an ejectment petition against the appellant before the learned Senior Civil Judge, Multan by taking the plea of personal need, default of rent from 1-4-2004 to 1-7-2004 and claimed monthly rent at the rate of Rs.8000. The said ejectment petition was rejected by the Senior Civil Judge vide its order dated 30-5-2007. Feeling aggrieved of the said order, respondent preferred an appeal before the Additional District Judge, Multan, who vide its judgment, dated 21-1-2008 accepted the appeal and set aside the order of the learned Rent Controller and appellant was directed to hand over vacant possession to the respondents within three months which is being impugned through this S.A.O.
2. Learned counsel for the appellant refers to statement of Muhammad Sharif respondent-landlord and submits that the landlord himself has admitted in his statement that he in fact wanted to get the rent enhanced and required the tenant to vacate the premises, therefore, could not prove the bona fide personal need. In the ejectment petition he has also taken similar stance, therefore, the impugned order deserves to be set aside.
3. Conversely, Mirza Aziz Akbar Baig learned counsel for the respondents submits that respondent purchased Property No,2417-C for consideration and Sheikh Muhammad Naeem was a tenant therein. He was served with a notice for eviction to which he submitted his reply. The learned Rent Controller in view of dispute between the parties regarding fixation of rent proceeded to determine the same in accordance with law. The respondent finally filed an ejectment petition on the grounds of default and personal bona fide need of the property which was dismissed by the learned Rent Controller by observing that he was not a defaulter and at the same time dismissed plea of the landlord regarding need for personal bona fide use whereagainst, an appeal was preferred, which was allowed by the learned Additional District Judge on the ground of need for personal bona fide use. Where-against this SAO has been preferred by the petitioner. Adds that even if the statement of witnesses produced by the appellant is admitted as correct still the appellant/tenant is a defaulter since, 2004 till date at the rate of Rs.3000 per month. Refers to statement of R.W.1 Muhammad Shah.
4. Arguments of learned counsel for the parties heard. Record perused.
5. I find that the respondents/landlord produced cogent evidence before the learned Rent Controller in support of his contention but still he proceeded to dismiss ejectment petition filed by the landlord which illegality, to my mind, was rightly corrected by the learned Additional District Judge, vide impugned judgment. The contention of the learned counsel for the respondent Mirza Aziz Akbar Baig Advocate finds support from the record that R.W. 1 Muhammad Shah in fact has admitted default in payment of rent at the enhanced rate, therefore, even the default stands admitted. By now, it is well-settled law that the tenant has not only to pay the rent at the agreed rate but as per law has to pay rent at the enhanced rate and even if continues to pay the normal rent agreed between the parties without enhancing the rent as per law and failed to pay the enhanced rent, he commits a default under the law and liable to be ejected on the ground of default. In my considered view the landlord/ respondent, successfully proved his case through cogent evidence that the property in question was required to him for his personal bona fide need in view of evidence available before the learned Rent Controller, he committed serious illegality in not allowing ejectment petition. Therefore, I find no illegality in the order of learned Additional District Judge assailed through this SAO, consequently this appeal being devoid of any merits, is hereby dismissed. No order as to costs.