Syed WAJID ALI RIZVI vs X-RENT CONTROLLER, KARACHI EAST Ss — 2022 CLC 386 KARACHI-HIGH-COURT-SINDH

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Syed WAJID ALI RIZVI VS X-RENT CONTROLLER, KARACHI EAST Ss.5, 14 & 19---Qanun-e-Shahadat (10 of 1984), Art. 113---Eviction petition---Personal need and default in payment of monthly rent---Petitioner, instead of filing written statement, submitted a letter claiming that demised premises were not owned by respondent; and that respondent's previous (rent) case was dismissed concurrently---Rent Controller proceeded with the case treating the said letter as written statement and allowed the case and directed the petitioner to vacate the demised premises---Appellate Court dismissed petitioner's appeal---Petitioner contended that respondent's previous (rent) case was dismissed, hence the subsequent was not maintainable; that respondent was not the owner of demised premises; that no relationship of landlord/tenant between parties existed; and that petitioner had possession of premises as owner---Held, that respondent did not conceal the fact of previous (rent) case (filed in 2012 and dismissed in 2014) and made reference thereto in subsequent case---Subsequent case was based on new cause of action of default of payment since July 2018---Said fresh cause of action was accrued to him after dismissal of his previous (rent) case, hence, there was no bar as to file the subsequent (rent) case---Petitioner had specifically admitted before two competent forums (in written statement, counter affidavit and affidavit-in-evidence) that he was the tenant of respondent and paying rent to him---Certified copies of the previous case were produced by respondent and contents whereof were admitted by petitioner in his cross-examination---Relationship of landlord and tenant was established when respondent produced copy of sale deed in his favour which was not disputed by petitioner---Petitioner had neither produced any title document nor filed any suit before Civil Court seeking declaration that he was owner of the demised premises---Tenant had no locus standi to question/challenge the title of the owner of the premises of which he was a tenant---Respondent was not cross-examined by petitioner on issue of default---Petitioner could not have shaken the stance of respondent as to personal need---In absence of his written statement, Rent Controller ought to have ignored/discarded petitioner's letter and proceeded against him ex-parte---Constitutional petition was dismissed accordingly.

Syed WAJID ALI RIZVI vs X-RENT CONTROLLER, KARACHI EAST Ss — 2022 CLC 386 KARACHI-HIGH-COURT-SINDH

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