2018 MLD 32 KARACHI-HIGH-COURT-SINDH

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Malik MOHAMMAD RIAZ VS Mrs. FARHAT IMRANA S. 17---eviction petition---Wilful default in payment of rent by the tenants---Tenants denied relationship of landlord and tenant---Landlord moved application for payment of arrears of rent---Rent Controller passed tentative rent order and passed eviction order in the wake of failure of tenant to comply with tentative rent order---Non-compliance of tentative rent order---Effect---Tenants contended that they were not liable to pay rent as there existed a dispute between the parties to the effect that subject property could not be converted into commercial use from residential---Landlord contended that Rent Controller was justified in passing tentative rent order and any civil suit had no nexus with the case---Validity---Failure on the part of tenants to comply with the tentative rent order could not be condoned on the basis of a dispute as alleged by the tenants---Existence of a dispute, as raised by the tenants in the civil suit would be determined on its own merits and could not serve to absolve the tenants of their obligation of payment of rent in respect of their continued occupation of the premises---Default in payment of rent on the part of tenants in circumstances was wilful---No illegality or irregularity having been noticed in the impugned order, appeal was dismissed accordingly.