Section 10: 1[Eviction of tenant

10. 1[Eviction of tenant.___ (1) A tenant in possession of a premises shall not be evicted therefrom, except in accordance with the provisions of this section. (2) A landlord who seeks to evict his tenant shall apply to the Controller for a direction in that behalf and if the Controller, after giving the tenant a reasonable opportunity of showing cause against the application, is satisfied that___ the tenant has not paid or tendered rent due buy him in respect of the premises, within fifteen days after the expiry of the time fixed in the agreement of tenancy with his landlord, or in the a sence of any such agreement, within thirty days of the date on which the rent became payable; or the tenant has, without the written consent of the landlord,___ (i) transferred his right under the lease or sub-let the entire premises or any portion thereof; or (ii) used the premises for a purpose other than that for which they were leased, 1Subs. by the Karachi Rent Restriction (Amdt.) Ordinance No. XLVIII of 1962, s. 5. or has infringed any condition of the tenure on which the premises are held by the landlord; or (c) the tenant has committed such acts as are likely to impair materially the value or utility of the premises; or (d) the tenant has been guilty of such acts and conduct as are a nuisance to the occupants of premises in the neighbourhood ; or (e) the tenant has ceased to occupy the premises for a continuous period of four months without reasonable cause; or (f) the premises are reasonably and in good faith required by the landlord,___ (i) for the erection or reconstruction of a building, or (ii) for his own use or for the use of any person for whose benefit the premises are held, the Controller may make an order directing the tenant to put the landlord in possession of the premises and if the Controller is not so satisfied he shall make an order rejecting the application: Provided that the Controller may give the tenant a reasonable time for putting the landlord in possession of the premises and may extend such time so as not to exceed four months in the aggregate: Provided further that where the tenancy is for a specified period agreed upon between the landlord and the tenant, the landlord shall not be entitled to apply on the grounds mentioned in clause (f), before the expiry of such period. Explanation.___ For the purpose of clause (a),___ (i) where the water charges or electricity charges or both are payable by the tenant to the landlord such charges shall be deemed to be rent ; (ii) rent remitted by money-order to the landlord or deposited in the office of the Controller having jurisdiction in the area where the premises is situated shall be deemed to have been duly tendered.] (3) Where a landlord has got back possession of any premises from a tenant on the ground that they were reasonably and in good faith required by the landlord for the erection or reconstruction of a building or for his own occupation or for the occupation of any person for whose benefit the premises are held, if the erection or reconstruction of the building is not commenced or the premises are not occupied by the landlord or the other person aforesaid within fifteen days of the vacation of the premises by the original tenant, or having been so occupied are re-let within two months of the said date to any person other than the original tenant, the Controller may, on the application of the original tenant made within three months of his vacating the premises, direct the landlord to place the original tenant in possession of the premises on the original terms and conditions and to pay him such compensation as may be fixed by the Controller. (4) When the Controller directs under subsection (3) that the landlord should pay compensation to the tenant the Controller may recover the amount of such compensation as an arrear of land revenue and may, for the purpose of such recovery, exercise all or any of the powers conferred upon a Collector under Chapter XI of the Bombay Land Revenue Code, 1879 (Bom. Act V of 1879). (5) Nothing in sub-section (1) shall apply in the case of any premises___ (a) which being situated within the municipal limits of the City of Karachi have been specially certified for the purpose of this Act to be in a ruinous or dangerous condition by the Chief officer of the Corporation, (b) which, being situated in a cantonment, have been so certified to be in an insanitary state or unfit for human habitation by the cantonment authority, and (c) in respect of which notice has been issued under section 190 of the City of Karachi Municipal Act, 1933 (Bom.Act XVI of 1933), or under section 119 of the Bombay District Municipal Act, 1901 (Bom. Act III of 1901), or under section 140 or 142 of the Cantonments Act, 1924 (II of 1924). 1[(6) In proceedings under this section on the first date of hearing or as soon as possible after that date and before issues are framed, the Controller shall direct that tenant to deposit all the rent due from him and also to deposit regularly till the final decision of the case, before the fifth day of each month the monthly rent due from him. If there is any dispute about the amount of rent due or the rate of rent, the Controller shall determine such amount approximately and direct that the same be deposited by the tenant before a date to be fixed for the purpose. If the tenant makes default in the compliance of such an order, then if he is the petitioner, his application shall be dismissed summarily and if he is the respondent, his defence shall be struck off and the landlord put into possession of the property without taking any further proceedings in the case. The controller shall finally determine the amount of rent due from the tenant and direct that the same be paid to the landlord, subject to adjustment of the approximate amount deposited by the tenant.]

Effective date: 1953-01-01

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