2017 YLRN 138 KARACHI-HIGH-COURT-SINDH

Full text

RIASAT ALI VS IV-ADDITIONAL DISTRICT AND SESSIONS JUDGE Ss. 15 & 16---Ejectment 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 he failed and his defence was struck off and eviction petition was accepted---Validity---Relationship of landlord and tenant had already been decided in a previous case which order had attained finality---Tenant's suit for specific performance of contract had already been dismissed---Tenant had failed to comply with the order of Rent Controller to deposit arrears of rent without any just cause or reason---Tenant had become a wilful defaulter---Rent Controller had rightly struck off defence of tenant---Sale agreement was void as property in question was mortgaged at the time of execution of alleged sale agreement---Petitioner was bona fide tenant of landlord and was bound to pay rent---No bar existed in filing of second ejectment case if first one was dismissed---Landlord could file ejectment case at any time if the same came within the ambit of S. 15, Sindh Rented Premises Ordinance, 1979---Impugned order passed by the Rent Controller was based on available record---Constitutional petition was dismissed in circumstances.