ADAMJEE IMPEX through Hamza Anwar Lakhani vs Shaikh MUHAMMAD KHALID S — 2022 YLR 2255 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 YLR 2255 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: YLR
Parties: ADAMJEE IMPEX through Hamza Anwar Lakhani vs Shaikh MUHAMMAD KHALID S
Subject matter: Constitutional
Provisions referred to: S. 16---D; S. 16; Sindh Rented Premises Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ADAMJEE IMPEX through Hamza Anwar Lakhani VS Shaikh MUHAMMAD KHALID S. 16---Default in payment of rent---Petitioner/tenant was depositing the rent in favour of predecessor of respondent/ landlord in another case, which was pending in the Court of Rent Controller---Respondent/landlord served notice and subsequently filed application for eviction of petitioner/tenant on ground of default---Rent Controller called report in respect of the other case and the report was that, an amount of Rs.326,934/- was deposited in the name of predecessor of the respondent at the admitted rate of rent---Petitioner claimed errors in the calculation of the rent in the said report---Held, that rent for the period in issue and disclosed in the impugned orders had already been deposited in and if there was any default at all, it was only a technical one---Courts below had drawn their conclusions only because of the incorrect calculation which was also to such extent conceded by respondent---Impugned orders passed under S. 16(2) of the Sindh Rented Premises Ordinance, 1979, were harsh inasmuch as the same struck off the defence without a proper scrutiny of ledgers of the rent that had already been deposited in the case in the name of same landlord---Respondent/ landlord would conveniently recover the amount---Constitutional petition was allowed accordingly.

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