2024 MLD 1267 KARACHI-HIGH-COURT-SINDH

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Askari bank Limited VS Hafiz Ghulam Murtaza Ss. 15 & 16---Limitation Act (IX of 1908), Art. 110---Specific Relief Act (I of 1877)---Ss. 8 & 10---Suit for recovery of possession, arrears of rent and compensation--- Rented premises---Civil Court, jurisdiction of---Plaintiff was owner of industrial unit which was rented out to defendant---Plaintiff sought recovery of possession and arrears of rent from defendant---Validity---Provision of Sindh Rented Premises Ordinance, 1979, is not intended as a statute for recovery of rent---Order of deposit of arrears of rent under S.16(1) of Sindh Rented Premises Ordinance, 1979, can follow only where a case of eviction of tenant has been filed---Consequence of non-deposit provided in S.16(2) of Sindh Rented Premises Ordinance, 1979, is summary eviction, not a decree for arrears of rent---Civil suit for recovery of arrears of rent, under S.16 of Sindh Rented Premises Ordinance, 1979, is not ousted nor it defers such cause of action until an order for deposit is made by Rent Controller thereunder---Though remedy for eviction lies before Rent Controller but suit is maintainable for recovery of arrears of rent---When plaintiff files an ejectment application before Rent Controller and invokes S.16(1) of Sindh Rented Premises Ordinance, 1979, Rent Controller only takes into account any decree passed by Civil Court for recovery of rent---Arrears of rent were sought to be recovered from 22-06-2009, whereas suit was filed on 02-09-2015--- Limitation prescribed for a suit for recovery of arrears of rent, as per Art. 110 of Limitation Act, 1908, is three years from the date "when the arrears become due"--- Recovery for period prior to 01-09-2012 was time-barred--- High Court declined to make any adjustment to arrears of rent as no rent was ever paid by defendant to plaintiff--- Suit was decreed accordingly.