' This is an appeal against the order, dated 10th November,1979 passed by the learned Ist Rent Controller, Karachi, in Rent Application No,717 of 1974, ordering the ejectment of the appellant on the ground of default. The relevant facts leading to the filing of the above appeal are that the respondent filed the above rent application inter alia on the ground of default for the period commencing from October,1973 till the filing of the rent application. The above rent application was resisted by the present appellants and inter alia it was pleaded that the tenement comprised of the first floor and the compound on the ground floor, where the appellants used to park cars at the rate of Rs,300 per month. It was further pleaded that by an oral agreement in the middle of 1.973 the appellants surrendered the compound to the respondent, on the condition that the rent of the premises would be reduced to Rs,200 per month from Rs,300 per month and that the appellants shall be paid a compensation of Rs,7,500 for vacating the above compound and which amount was to be adjusted against the monthly rent. In other words, the appellants admitted non- payment of rent for the period in question, but pleaded that the respondent had agreed to pay a sum of Rs,7,500 for the alleged surrendering of the compound. On the basis of the pleadings of the parties, the learned Rent Controller framed the following 3 issues:- "(1) Whether the premises in question is reasonably and in good faith required by the applicant for reconstruction within the meaning of section 13(2)(i) of the West Pakistan Urban Rent Restriction Ordinance, A59 ?
(2) Whether the opponent has committed default in payment of rent in respect of the premises in question within the meaning of 5.13(2)(i) of the West Pakistan Urban Rent Restriction Ordinance, 1939.?
(3) What should the order be ?"
' The respondent examined herself, whereas the appellants examined their 3 employees as witnesses. However, the learned Rent Controller concluded that the appellants failed to prove the alleged oral agreement, and, therefore, passed the order under appeal for ejectment. The appellants being aggrieved by the above order have filed the present appeal.
2. In support of the above appeal Mr.Muzaffar Hussain, learned counsel for the appellants has urged that the learned Rent Controller has erred in ignoring the oral evidence produced by the appellants on the point that factually there was an oral agreement between the appellants and the respondent, whereby the appellants surrendered the compound of the ground floor on the condition that the rent would be reduced from Rs,300 to Rs,200 per month and a sum of Rs,7,500 would be paid as compensation to the appellant by the respondent and that the above amount would be adjusted against the monthly rent.
3. In my view, the learned Rent Controller has properly appraised the evidence on record.
Admittedly the tenancy was created through a written agreement. The appellants did not produce the above agreement to indicate that factually the subject-matter of the tenancy was the first floor and the compound of the ground floor. Furthermore, it is unbelievable that the appellants would have surrendered a portion of the tenement on the condition that the rent would be reduced from Rs,300 to 200.Per month and a sum of Rs,7,500 would be paid as compensation by the respondent to the appellants without obtaining anything in writing in spite of the fact that the tenancy agreement was in writing. The plea of the appellants seems to be an after thought plea for the subject to avoid the consequence of default committed by them. I am inclined to concur with the finding of the learned Rent Controller on the above question of the default and, therefore, the appeal is dismissed with no order as to costs. However, the appellants are granted 6 months time on the condition that the appellants shall continue to deposit rent in terms of the learned Rent Controller's order, failing which the respondent shall be at liberty to file an execution application before the expiry of the above period of 6 months. Furthermore, in case the appellants fail to hand over the vacant possession of the premises on the expiry of the above period of 6 months the Rent Controller shall issue a writ of ejectment without further notice to the appellants.