' IRSHAD HASAN KHAN, C.J.---The petitioner seeks leave to appeal against the judgment dated 18-1- 2001 of the High Court of Sindh, Karachi whereby the first rent appeal filed by him was dismissed with costs:
2. The petitioner rented out his Flat No,7 on Plot No,G-2/119, Thatai Compound, Karachi to the respondent at a monthly rent of Rs,300 per month. He filed Rent Application No,647 of 1998 in the Court of VIIth Senior Civil Judge/Rent Controller, Karachi seeking eviction of the respondent on the ground of default in payment of rent since July, 1997, impairing the value and utility of the premises in question and creating nuisance. The respondent contested the application. The learned Rent Controller, after recording evidence and hearing the arguments of the parties, found all the issues in the negative and dismissed the rent application vide order dated 28-4-2000. The first rent Appeal filed by the petitioner was dismissed vide the impugned judgment.
3. The sole contention before the High Court was that the Rent Controller decided the case on the basis of special oath with respect to the issue of default, which had not been accepted by the petitioner, thus the provisions of Article 163 of the Qanoon-e-Shahadat Order, 1984 were violated.
4. After hearing Mr. Muhammad Muzaffarul Haq, learned Advocate Supreme Court for the petittioner at some length and perusing the material available on record, we find that the High Court was right in holding that the Rent Controller had not solely relied on the special oath but had also relied upon other evidence brought on record. We do not find any serious misreading and/or disregard of any material piece of evidence on record. The impugned judgment is based on proper appraisal of evidence on record.
5. Resultantly, the petition is dismissed and leave declined.