2021 CLC 1153 KARACHI-HIGH-COURT-SINDH

Full text

ABID IQBAL ANSARI VS Mirza NASEERUDDIN Ss. 17 & 27---eviction of tenant---Default in payment of monthly rent---Rent Controller, jurisdiction of---Enquiry by the Court---Scope---Additional Controller of Rents passed ejectment order without recording evidence---Appellant /tenant contended that leading of evidence was required to ascertain default on his part---Held, that the satisfaction of the Additional Controller of Rents was the only requirement under S.17(2) of the Act, 1963, for passing an order of ejectment against the tenant---Tenant had failed/defaulted in paying of monthly rent---Provision of S.27 of the Act, 1963, though required an 'enquiry' to be held before passing such order, however, the same would be required only where things were disputed ---Procedural requirement could not be insisted when things to be determined through such 'enquiry/procedure' were not disputed---Record revealed that tenant had made only two payments in couple of years---Appeal being continuation of trial all such questions could be agitated and examined by the High/Appellate Court, as evident from S.27(2) of the Act, 1963, that both, the Controller as well as the Appellate Court , were empowered to hold enquiry---Appellant neither denied default nor challenged the authenticity of the proceedings of MRC nor even disputed/denied the compromise between the parties, hence he could not take exception to his liabilities at least towards the payment of the rent in due time---Appellant continued his possession even after about four years of the time to vacate, as per his undertaking under the compromise---Appellant even had option to deposit rent before the Controller---No substance was found in the plea taken by the appellant that for establishing default a trial was required and that the Rent Controller was not justified in satisfying himself with referral to admitted facts alone---No illegality or infirmity was found in the impugned judgment passed by the Additional Controller of Rents ordering eviction of the appellant/tenant---Appeal was dismissed, in circumstances.