2023 CLC 1279 KARACHI-HIGH-COURT-SINDH

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Dr. SUNIL ANAND HOTWANI VS ABDUL WAKEEL S.13---eviction---Non-compliance of tentative rent order---Statutory tenant---Enhancement of rent under expired contract---Scope---Tenant assailed an order whereby his defense was struck off due to non-payment of tentative rent and consequently he was directed to vacate the demised premises---Contention of tenant was that the Rent Controller did not have jurisdiction to add 10% increase in the monthly rent and that the original tenancy agreement wherein the enhancement was contemplated had expired---Validity---Pleadings of the parties were sufficient to draw a tentative conclusion upon a summary inquiry that there was a specific stipulation in the agreement regarding 10% increase in the monthly rent at the time of each renewal---Upon expiration of the agreement the status of the tenant became that of a statutory tenant and the parties were bound by the terms and conditions of the agreement---Contention of the tenant was not tenable---Tentative rent order passed by Rent Controller was not without jurisdiction or illegal---Constitutional petition was dismissed, in circumstances.