2024 MLD 1768 KARACHI-HIGH-COURT-SINDH

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Syed Iftikhar Haider Rizvi VS VIth Additional District and Sessions Judge, Karachi Central Ss.15, 16(1) & 16(2)--- Filing of two applications in rent case---Default in deposit of future tentative rent as ordered by Rent Controller---Striking off defence---Concurrent findings of fact by Courts below---Tenant claimed to have deposited tentative rent in the miscellaneous rent case (MRC)---Contention of the tenant was that he had been evicted by playing fraud with the Court, as there was no relationship of landlord and tenant between the parties, therefore, the possession of the tenement was liable to be restored to the tenant for the reason that tentative rent order was ambiguous and the deposit of rent in MRC instead of in the rent case was neither willful nor deliberate rather the same was a mere technical defect---Validity---High Court while relying on judgments of Supreme Court held that plea of non-compliance of an unambiguous orderwas unjustified, thus, the default was willful and deliberate and not a technical one---Once the tentative rent order is passed, whether it is considered as just, valid and fair, or not,the same is to be complied with, subject to a right to challenge the same before the forum provided under the law---There was no dispute about the relationship of landlord and tenant between the parties, nor, any fraud was played upon the Court by the landlords while filing the two applications, resulting in the eviction of the tenant---Besides, couple of years had already passed since handing over the possession to the landlords---Tenant had committed a will ful default---Constitutional petition was dismissed accordingly.