Imran Khalid vs Mst — 2024 MLD 635 KARACHI-HIGH-COURT-SINDH

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Imran Khalid VS Mst. Munazza Rizvi Ss. 16(1) & 16(2) ---Tentative rent order, non-compliance of---Effect---Relationship of landlord and tenant, denial of---Contention of the petitioner/tenant was that property-in-question was purchased by his uncle who put him in the possession for which civil suit was also pending adjudication---Validity---While passing a tentative rent order , the Rent Controller was not required to hold a full-fledged enquiry and could always pass such an order after taking into consideration the versions of the parties---In the present case, the Rent Controller had come to the conclusion that there was an agreement between the parties as periodical payment of rent and utility bills had been made, duly supported by the bank statement which prima facie established a relationship of landlord and tenant---As such, mere assertion/contention of the petitioner to the contrary( denial of relationship of landlord and tenant and pendency of civil suit) on one pretext or other was immaterial---In case of failure of compliance of a tentative rent order , the right of defense could be struck off under S. 16(2) of the Sindh Rented Premises Ordinance, 1979--- Mere institution of civil suits, per se, would not be sufficient to refuse compliance of a tentative rent order of the Rent Controller pending final determination and no exception to said settled principle of law had been made out---Impugned order only required deposit of the rent-in-question with the Court and could not be paid to the respondent until the case was decided , thus, the petitioner was required to have complied with the tentative rent order , which could be adjusted / substituted by the final order on the determination of issues, whereas any avoidance and breach of the order-in-question, entailed penalty of striking off of his defence--- Said statutory penalty could not be avoided unless good reasons were given and sustained--- Constitutional petition filed by the tenant, being meritless, was dismissed, in circumstances.

Imran Khalid vs Mst — 2024 MLD 635 KARACHI-HIGH-COURT-SINDH

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