1. ' SALMAN HAMID, J.---Through this appeal under section 21 of the Cantonments Rent Restriction Act, 1963 (Act), the appellant has questioned Order dated 28-9-2010 (Impugned Order) passed by the learned Additional Controller of Rents, Clifton Cantonment Board, Karachi (Rent Controller) in Rent Case No,48 of 2009 (Rent Case) whereby the appellant was ordered eviction from Bungalow No,21/I, 26th Street, Phase. V (Ext) Defence. Housing Authority, Karachi (Bungalow) and to hand ever its peaceful possession to the respondent within 45 days from the date of such Order. The Rent Controller ordered eviction when it came to the conclusion that Order dated 13-4-2010 was not complied with by the appellant which stipulated that the appellant would deposit monthly rent of the. Bungalow from May, 2010 and onwards on or before 5th day of every month. It is an admitted position which is also borne out from Annexure-G and G/1, annexed with the Appeal that advance rent of May, 2010 was deposited on 29-4-2010, whereas rent for the months of June and July, 2010 was deposited on 16-7-2010. If such payments are reckoned from the Order dated 13-4-2010 it becomes abundantly clear that it was violated and rent was deposited after 5th. -Therefore in my opinion blatant violation of the Order dated 13-4-2010 was made which comes within the meaning of willful default and cannot be treated as a technical default as claimed by learned counsel for the appellant. It was also argued by learned counsel for the appellant that there was no default in payment of rent as far as it relates to the period prior to May, 2010 as rent was paid to the son of the landlord and that he had also issued proper receipts in respect thereof an and such receipts were sent to FIA for verification of signatures of the son of the appellant and without waiting for such report the Impugned Order was passed. It may be appreciated that the eviction of the appellant was not Ordered on account of default in payment of rent prior to May, 2010, but the eviction of the appellant was Ordered on account of default in payment of rent after May, 2010 which default has been amply proved by the landlord so also by the appellant himself by producing receipt of as Annexure-G and G/1. Such being the position this appeal is meritless and is hereby dismissed in limine.
2. ' The appellant is directed to handover vacant and peaceful possession of the Bungalow to the respondent within a period of 45 days from the date of this Order, failing which writ of possession would be issued by Rent Controller without notice to the appellant with police aid with powers to break open the lock if need arises.
3. ' This F.R.A. Is disposed of in the above terms with pending application.