2025 CLC 1116 KARACHI-HIGH-COURT-SINDH

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CEDAR PRIVATE LIMITED VS SENIOR CIVIL JUDGE-II/RENT CONTROLLER KARACHI SOUTH Ss.15, 16(1) & 16(2)---Constitution of Pakistan, Art.199---eviction of tenant---Willful default in payment of rent and infringement of tenancy agreement---Pendency of civil suits regarding the premises---Filing of application by the landlord for deposit of arrears of rent and future rent---Passing of tentative order of deposit of arrears of rent and future rent---Contention of the tenant was that the Rent Controller was not competent to pass order of tentative rent---Validity---Rent Controller can pass order to deposit tentative rent, arrears of rent and future rent in court under S. 16(1) of the Sindh Rented Premises Ordinance, 1979 (Ordinance), by making a tentative assessment of the proceedings before him/her---While passing a tentative rent order, the Rent Controller is not required to hold a full-fledged enquiry and can always pass such an order after taking into consideration the versions of the parties---Mere institution of a suit, per se, would not be sufficient to refuse compliance of the order of the Rent Controller passed on an application under S. 16(1) of the Ordinance pending final determination---Compliance of order passed under S. 16(1) is obligatory and failure thereof can entail striking of right of defence under S. 16(2) of the Ordinance---Respondent placed on record a copy of the order, whereby plaints of both the suits were rejected under O. VII, R. 11, C.P.C.---Constitutional petition was dismissed, in circumstances.