2018 CLCN 105 KARACHI-HIGH-COURT-SINDH

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Syed ASGHAR HUSSAIN VS MUHAMMAD OWAIS 1983 SCMR 1064, 1991 CLC 1830, 1994 SCMR 1012, 1994 SCMR 572, 1995 CLC 1751, 1995 MLD 303, 1996 SCMR 877, 1997 MLD 3225, 2000 YLR 1414, 2011 SCMR 1073, 2011 SCMR 320, 2017 SCMR 330, PLD 1985 SC 01, PLD 1985 SC 1, PLD 1991 SC 242, PLD 2004 Kar. 502, PLD 2005 Kar. 554, PLD 2005 Karachi 554, Ss. 15 & 16---eviction petition---Denial of relationship of landlord and tenant---Non-compliance of tentative rent order---Effect---Petitioner/tenant contended that he was absolute owner of the subject property, therefore, there was no question of his depositing the arrears of the rent or future monthly rent ---Landlord contended that eviction order was rightly passed against the tenant as he failed to comply with the tentative order of the Court to deposit rent in the Court---Validity---Record revealed that Rent Controller had allowed application of landlord under S. 16(2) of Sindh Rented Premises Ordinance, 1979 after due notice to the tenant and entertaining and hearing his objections---Provision of S. 16(2) of Sindh Rented Premises Ordinance, 1979 was mandatory in nature---Where version of the tenant, regarding denial of relationship of landlord and tenant, was seriously and bonafidely disputed by the landlord, tenant could not be allowed to retain the possession during litigation---Rent Controller was under no legal obligation to first frame and determine the issue regarding relationship of landlord and tenant between the parties before passing order on application under S. 16(2) of Sindh Rented Premises Ordinance, 1979 for striking off defence of the tenant---Concurrent findings on facts given by two Courts below could not be interfered by the High Court in exercise of its constitutional jurisdiction---No illegality or infirmity having been noticed in the impugned judgments passed by two Courts below---Constitutional petition was dismissed accordingly.