' GHULAM SARWAR KORAI, J. This petition is directed against the Judgment dated 30-3-2010 passed by learned IVth Additional District Judge, Karachi (Central) in First Rent Appeal No,200/2009 Messrs Jamia Masjid Faizan-e-Hazrat Ali with Madrissah (Trust) and others v. Khalid Akhtar Ahmed in which appeal was dismissed and order of the learned Rent Controller was maintained.
' The brief facts of the case are that Khalid Akhtar Ahmed respondent No, 3 is owner of ground floor portion of house situated on Plot No, IV, 5/1, Nazimabad, Karachi, which was rented out to Tariq Bari at the monthly rent of Rs.8000 p.m. Excluding all utility charges against a fixed security deposit of Rs. 88000 vide tenancy agreement dated 30-3-2008. The rent was decided to be paid on or before 5th of each month in advance. According to Clause-3 of the Tenancy Agreement, the tenant used the said premises for his own residential purpose only and shall not sub-let the said premises to any other person(s). After some time, the tenant/petitioner Tariq Bari become dishonest therefore he asked the landlord/respondent No, 3 to sell the said property to him, for which he was agreed, sale agreement was executed on 23-5-2008 which was to be finalized on 23-11-2008 but balance sale consideration was not paid by the petitioner, therefore, sale agreement was revoked after serving legal notice, which was not replied by the petitioner. The respondent No, 3 also published the notice in daily "Nawa-e-waqt". In the month of. November 2008, the premises in question was sublet to opponent No,
2. In the application respondent No,3/landlord protested. Lastly petitioner No, 1 promised to vacate the premises in question on or before 28-2-2009. In the month of December, 2008, rent was stopped by the tenant and started misbehaving and threatening to the landlord/Respondent A No,3 through opponent No,
2. An application also under section 16(1) of Sindh Rented Premises Ordinance, 1979 was filed and on 4-9-2009 the petitioner was directed to deposit the arrears of rent from December, 2008 to September, 2009 at the rate of Rs.8000 per month as well as 1/4th of the water and sewerage charges at the rate of Rs.100 per month from December, 2008 to September, 2009 within 15 days from the said order. He was also directed to deposit the future rent and water and sewerage charges Rs.8,100 per month in the said rent case on or before 10th of each calendar month. That order was not complied with by the petitioner, therefore landlord/respondent No, 3 moved an application under section 16(2) of Sindh Rented Premises Ordinance, 1979 praying therein to strike off the petitioner as they have failed to comply with the tentative rent order dated 4-9-2009 and thus have violated the order passed on application under section 16(1) of S.P.R.O., 1979. Application under section 16(2) of Sindh Rented Premises Ordinance, 1979 was allowed and tenants/petitioners were directed to vacate the premises in question within 30 days and this order was challenged in FRA in the District Court and the same appeal was also dismissed and is impugned in the present petition.
' Heard Mr. Muhammad Ayub Khan, learned advocate for the petitioners, Mrs. Razia Danish, learned advocate for the respondent No,3.
' Learned advocate for the petitioners contended that the judgment passed by the District Judge is against the facts and circumstances of the case and order of the learned Rent Controller has wrongly been maintained.
' Learned advocate for the respondent No, 3 contended that tenancy agreement was in between respondent No, 3 Khalid Akhtar and Tariq Bari and according to Cluase-3 of the Tenancy Agreement, the premises was required to be used for residential purpose by tenant Tariq Bari and shall not be sublet to any other person. According to her, terms and conditions of tenancy agreement have been violated by Tariq Bari, as the premises in question was given by him to Khateeb Zahoor Ahmed Qadri and again Jamia Masjid Hazrat Ali. She further contended that order of the learned Rent Controller was not complied with by the petitioners, therefore, they are not entitled for any relief from this Court.
' Admittedly, tenancy agreement was in between Khalid Akhtar owner of the house and Tariq Bari.
Rent application under section 15(i) (ii) (iii) (a), (b), (vii) of Sindh Rented Premises Ordinance, 1979 was filed against Tariq Bari, and Zahoor Ahmed Qadri while First Rent Appeal was filed by Messrs Jamia Masjid Faizan-eHazrat Ali, who was not party in the Rent Application as well as Tariq Bari and Khateeb Zahoor Ahmed Qadri, while B petition filed by Tariq Bari and Zahoor Ahmed Qadri and not by Jamia Masjid Faizan-e-Hazrat Ali. Admittedly terms and conditions of the tenancy agreement have been violated by tenants, so also order of the learned Rent Controller, therefore, petitioners are not entitled for any relief from this Court. Consequently this Petition being meritless is dismissed and these are the reasons of short order dated 16-4-2010.