ALI NAWAZ vs SAHABUDDIN S — 2023 CLC 1523 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 CLC 1523 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: CLC
Parties: ALI NAWAZ vs SAHABUDDIN S
Subject matter: Criminal
Provisions referred to: S. 16---; S. 9; 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

ALI NAWAZ VS SAHABUDDIN S.16---arrears of monthly rent---Statutory tenant---Petitioner / tenant was aggrieved of order passed by Rent Controller directing him to deposit monthly rent and arrears of rent---Order passed by Rent Controller was maintained by Lower appellate Court---Validity---Tenant becomes a statutory tenant if agreement between him and landlord expires but he still continues to retain possession of rented premises even after expiration of the agreement---Rights and obligations of parties are governed on same terms and conditions as stipulated in the agreement---Upon expiration of rent agreement, status of petitioner / tenant became that of a statutory tenant and parties were bound by the terms and conditions of rent agreement---Periodical increase in monthly rent was not unilateral and not in conflict with any of the provisions of Sindh Rented Premises Ordinance, 1979---Periodical increase in rent was in line with S. 9(2) of Sindh Rented Premises Ordinance, 1979 and admitted rent agreement was to be regulated as rent determined by rent agreement between parties and was enforceable--- Tentative rent order passed by Rent Controller was not illegal or without lawful jurisdiction--- High Court in exercise of Constitutional jurisdiction declined to interfere in order passed by Rent Controller, as petitioner / tenant failed to point out any illegality or infirmity in concurrent findings of two Courts below---Constitutional petition was dismissed, in circumstances.

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