CEDAR PRIVATE LIMITED vs SENIOR CIVIL JUDGE-II/RENT CONTROLLER KARACHI SOUTH Ss

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CEDAR PRIVATE LIMITED VS SENIOR CIVIL JUDGE-II/RENT CONTROLLER KARACHI SOUTH Ss.15, 16(1) & 16(2)---Constitution of Pakistan, Art.199---Eviction of tenant---Willful default in payment of rent and infringement of tenancy agreement---Pendency of civil suits regarding the premises---Filing of application by the landlord for deposit of arrears of rent and future rent---Passing of tentative order of deposit of arrears of rent and future rent---Contention of the tenant was that the Rent Controller was not competent to pass order of tentative rent---Validity---Rent Controller can pass order to deposit tentative rent, arrears of rent and future rent in court under S. 16(1) of the Sindh Rented Premises Ordinance, 1979 (Ordinance), by making a tentative assessment of the proceedings before him/her---While passing a tentative rent order, the Rent Controller is not required to hold a full-fledged enquiry and can always pass such an order after taking into consideration the versions of the parties---Mere institution of a suit, per se, would not be sufficient to refuse compliance of the order of the Rent Controller passed on an application under S. 16(1) of the Ordinance pending final determination---Compliance of order passed under S. 16(1) is obligatory and failure thereof can entail striking of right of defence under S. 16(2) of the Ordinance---Respondent placed on record a copy of the order, whereby plaints of both the suits were rejected under O. VII, R. 11, C.P.C.---Constitutional petition was dismissed, in circumstances. Citation Name: 2025 CLC 1116 KARACHI-HIGH-COURT-SINDHBookmark this Case CEDAR PRIVATE LIMITED VS SENIOR CIVIL JUDGE-II/RENT CONTROLLER KARACHI SOUTH art.199---Constitutional jurisdiction of High Court---Nature and scope---Constitutional jurisdiction is equitable and discretionary in nature and should not be exercised to defeat or bypass the purpose of a validly enacted statutory provision. Citation Name: 2025 CLC 1116 KARACHI-HIGH-COURT-SINDHBookmark this Case CEDAR PRIVATE LIMITED VS SENIOR CIVIL JUDGE-II/RENT CONTROLLER KARACHI SOUTH Ss. 15 & 16(1)---Constitution of Pakistan, Art.199---Eviction of tenant---Interlocutory order of deposit of arrears of rent and future rent---Interference by the High Court in its constitutional jurisdiction---Scope---Jurisdiction of High Court under Art. 199 of the Constitution cannot be invoked against an interlocutory order until and unless such an order suffers from any illegality or jurisdictional error.

CEDAR PRIVATE LIMITED vs SENIOR CIVIL JUDGE-II/RENT CONTROLLER KARACHI SOUTH Ss — 2025 CLC 1116 KARACHI-HIGH-COURT-SINDH

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