Law:

Section:

Cantonments Rent Restriction Act (XI of 1963)--- ---S. 17 (9) & (8)---Ejectment petition---Tentative rent, fixation of---Non-deposit of arrears of rent---Effect---Contention of tenant was that arrears of rent was disputed and order of Rent Controller was wrong as he had allowed the landlord to withdraw the same---Validity---Tenant had failed to deposit arrears of rent within stipulated time given by the Rent Controller---Recording of evidence before passing of tentative rent order by Rent Controller was not possible as if evidence was recorded the tentative rent order would become final order---Tentative rent order which was passed without -recording of evidence was within the parameters of law---Tenant was in possession of demised premises and same would secure him against payment of rent---Rent should be ordered to be adjusted in future rent or refunded if no arrears of rent were found at the time of filing of case---Tenant should first have complied with the tentative rent order and then invoked the inherent jurisdiction of court to safeguard his interest---Excuses were trot acceptable to defy mandatory orders when such non-compliance would provide a statutory right in favour of other side---Court had no discretionary powers to deny statutory rights accrued to the other side on account of failure of a party to abide by such statutory orders---Tenant had committed default with regard to payment of tentative rent---Appeal was dismissed in limine. Safeer Travels (Pvt.) Ltd. v. Muhammad Khalid Shafi PLD 2007 SC 504 and Saeed Ahmed Khan v. Jamila Khanum 1999 CLC 852 ref. THIS ORDER PASSED BY: NAZAR AKBAR, J.--- Urgency application is granted. This First Rent Appeal is directed against the order passed by the Rent Controller under section 17(9) of the Cantonments Rent Restriction Act, 1963 ("CRR Act, 1963") whereby the appellant was ordered to vacate the demised premises i.e. Sea-View Apartment No.SF-3, Block-21, Phase-V-Extension, Defence Housing Authority, Karachi and handover its vacant and peaceful possession to the respondent within thirty (30) days, failing which the respondent can get this order executed from a Court of competent jurisdiction. Briefly…

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