2020 CLC 1720 KARACHI-HIGH-COURT-SINDH

Full text

Dr. MUHAMMAD HASSAN VS ADDITIONAL CONTROLLER OF RENT, CLIFTON CANTONMENT BOARD Ss.3, 17, 19(8) & 24--- Constitution of Pakistan, Arts. 10-A & 23---eviction of tenant---Property rights---Rent Controller, jurisdiction of---Petitioners were having lease agreements in their favour executed by Federal Government and the Government sought their eviction from Rent Controller on the plea of raising commercial buildings---Validity---Tenants had perpetual right in demised shops under the agreements with Federal Government and whenever the government decided to launch any commercial project by demolishing the property in question, the rights of tenants under existing agreement were to be protected and no effort should be made to wriggle out of the contractual obligations except in accordance with law---Tenants were to be properly informed with relevant material details of any proposed action---Landlord had filed cases in the Court of Additional Rent Controller despite the fact that he had no jurisdiction and then tried to subvert entire trial in the name of S. 19(8) of Cantonments Rent Restriction Act, 1963 which was a mala fide attempt to deprive tenants from their Constitutionally guaranteed lawful right in demised shops---High Court in exercise of appellate jurisdiction set aside eviction orders passed by Rent Controller---Appeal was allowed in circumstances.