2017 YLR 1221 KARACHI-HIGH-COURT-SINDH

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Mrs. SHAHIDA VS VII-ADDITIONAL DISTRICT JUDGE, KARACHI 1986 CLC 1770, 1988 CLC 906, 1991 CLC 937, 1992 SCMR 1149, 1993 SCMR 1360, 1995 MLD 840, 2000 SCMR 632, 2000 SCMR 845, 2003 CLC 416, 2006 SCMR 1068, 2006 SCMR 1505, 2007 YLR 2982, 2007 YLR 363, 2009 MLD 144, 2010 YLR 1201, 2011 SCMR 320, 2012 YLR 1713, 2013 YLR 2526, PLD 2007 SC 504, PLD 2014 SC 347, Eviction of tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--16 , Ss. 15 & 16---eviction of tenant---Denial of relationship of landlord and tenant by the tenant--- Tentative rent order---Non-deposit of rent---Striking off defense---Scope---Rent Controller directed the tenant to deposit arrears of rent and future rent in the court but she failed and her defense was struck off and eviction petition was accepted---Validity---Tenant had no evidence to support her claim of ownership with regard to demised premises---Rent Controller should have first determined the issue of relationship of tenant and landlord between the parties---Rule that where the tenant had claimed ownership of premises, Rent Controller should determine such issue first before directing to deposit arrears of rent was not absolute---Tenant at the first instance had to show prima facie evidence in support of his assertion to qualify for such determination to be undertaken by the Rent Controller first---Where tenant had failed to bring on record such evidence in his support on such point then no prejudice would be caused to him if he was directed to deposit arrears of rent or future rent---Tenant had avoided to obey the order of the Rent Controller---No mis-reading or non-reading of evidence had been pointed out in the findings recorded by the courts below---Constitutional petition was dismissed in circumstances.