2017 CLCN 72 KARACHI-HIGH-COURT-SINDH

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SAEED ALI QURESHI VS Mst. ZUBAIDA BAI 1997 SCMR 264, 2001 YLR 1224, 2014 MLD 1304, PLD 2005 SC 34, Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--27 , Eviction petition--Term , Ss. 17 & 27---eviction petition---Ground of default in payment of rent and sub-letting by tenant---Tentative rent order without holding inquiry---Scope---Tenant claimed handing over possession of demised property to his partner/occupant who was liable to pay rent to the landlady---Another suit was pending between tenant and partner/occupant---Landlady claimed that suit between tenant and occupant was collusive in nature---Tenant assailed tentative rent order passed by Rent Controller without holding inquiry---Tenant in his written statement had not denied the tenancy, rather he had accepted the relationship of landlord and tenant with landlady---No specific dispute was raised by the tenant---Tentative rent order was a speaking order passed after taking into account undisputed evidence on record thus, the order was passed after holding a summary inquiry, which in fact was substantial compliance of S. 27 of Cantonments Rent Restriction Act, 1963---Both tenant and occupant/third party had stopped payment of rent to landlady---Tenant had acknowledged in statement of account furnished by him in the case, that he stopped paying rent and had also asked two months' rent to be adjusted from the security deposit---Settled rule was that security deposit lying with landlady could not be adjusted towards payments of rentals---Impugned order did not necessitate any interference---Appeal was dismissed accordingly.