2017 MLD 2074 KARACHI-HIGH-COURT-SINDH

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Syed FAHIMUL HASSAN VS Khawaja MOHSIN ALI Ss. 15 & 16---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Default in payment of rent---Personal bona fide need of landlord---Summary inquiry---Procedure---Tentative rent order, non-compliance of---Striking off defence---Scope---Tenant did not comply with the order of Rent Controller with regard to payment of arrears of rent and his defence was struck off and eviction petition was accepted---Validity---Summary inquiry was conducted by the Rent Controller whereby tenant was called upon to explain as to the alleged default in payment of rent---No foundation had been laid for requiring the Rent Controller to record any evidence before passing of tentative rent order---Rent Controller had placed a condition that disputed portion of rent would not be withdrawn by the landlord---Tenant deposited the rent for the month of August 2013 after delay of three days for which no proper and cogent reason was offered---Tenant had been depositing the rent before the Rent Controller which was nothing but mala fide act just to put the landlord under pressure---No illegality or arbitrariness was found in the impugned order/ judgment---Constitutional petition was dismissed, in circumstances.