2016 MLD 86 KARACHI-HIGH-COURT-SINDH

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AHSAN ASAD VS Mrs. RUBINA NAEEM 1999 CLC 2002, 2001 YLR 3014, 2008 CLC 1087, 2008 CLC 1415, 2008 CLC 387, 2009 MLD 186, 2010 CLC 346, 2014 MLD 812, Constitutional petition--TERM , Default in payment of rent--Term , Eviction of tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--16 , Ss. 15 & 16----Constitution of Pakistan, Art. 199---Constitutional petition---eviction of tenant---Landlord filed application for eviction on ground of wilful default in payment of rent and for personal bona fide need---Arrears of rent---Tentative rent order---Default in payment of rent----Effect---Rent Controller struck off defence of tenant for default in payment of monthly rent ordered under section 16(2), of Sindh Rented Premises Ordinance, 1979 and ordered vacation of rented premises----Tenant took plea that he was not bound to comply with order passed under S. 16(1) of Sindh Rented Premises Ordinance, 1979 for payment of rent in court---Validity---Under S. 16(1) of Sindh Rented Premises Ordinance, 1979, Rent Controller had to make summary enquiry and to pass tentative rent order directing the tenant to deposit arrears of rent along with future rent---Order under Ss. 16(1) & 16(2) of Sindh Rented Premises Ordinance, 1979, in the present case, was passed after affording opportunity of hearing to both sides---Tenant failed to deposit the rent and also to clear utility charges within stipulated period as directed by Rent Controller---Appellate court had correctly observed that in presence of specific stipulation as to payment of rent by Rent Controller, tenant was duty bound to pay rent---No evidence was required to be recorded at time of passing tentative rent order under S. 16(1) of Sindh Rented Premises Ordinance, of 1979---Order passed under S. 16(1) of Sindh Rented Premises Ordinance, 1979 was of binding force on tenant---No illegality or gross irregularity and infirmity in concurrent findings of both courts below having been found, constitutional petition was dismissed with costs accordingly.