2020 YLR 561 KARACHI-HIGH-COURT-SINDH

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AIRPORT HOTEL, HOTEL SKYROOMS (PVT.) LTD. VS Khawaja AHSAN MEHMOOD Ss. 17, 27 & 28---Ejectment of tenant---Denial of relationship of landlord and tenant by the tenant---Rent Controller dismissed ejectment petition in a summary manner with special costs---Validity---Rent Controller had no power to award compensation and he could only impose fine to the extent of Rs. 500/- in case of contravention and/or non-compliance of any of the provisions of Cantonments Rent Restriction Act, 1963 or the Rules made thereunder---eviction petition, in the present case, had been dismissed by holding that same was not maintainable as relationship of landlord and tenant did not exist---Landlord had not contravened or failed to comply with any of the provisions of Cantonments Rent Restriction Act, 1963 or the Rules made thereunder---No fine under S. 28 of Cantonments Rent Restriction Act, 1963 could be imposed upon the landlord, in circumstances---Special costs had been imposed by the Rent Controller by holding that landlord had wasted time of the Court---Rent Controller had no power to impose special costs while dismissing eviction petition even if it was not maintainable for the reason stated in the impugned order---Findings recorded by the Rent Controller were arbitrary and illegal and he was bound to decide the question of relationship of landlord and tenant between the parties, if objection was raised---Rent Controller had failed to exercise jurisdiction vested in him by law---Appeal was allowed, in circumstances.