Case Details

Citation(s)
2018 SLG 66 2018 SLD 66 2018 PLJ 61
Supreme Court of Pakistan
Civil Petition No. 3068 of 2017, decided on 9.10.2017. Date of hearing: 27.9.2017.
EJAZ AFZAL KHAN, JUSTICE, QAZI FAEZ ISA, JUSTICE, IJAZ-UL-AHSAN, JUSTICE
Raja M. Ibrahim Satti, Sr. ASC and Syed Rafaqat H. Shah, AOR for Petitioner.

MUHAMMAD IQBAL HAIDER

VS

1ST ADJ, KARACHI CENTRAL & OTHERS

Law: Sindh Rented Premises Ordinance, 1979

Section: 16(2)

(Against Judgment dated 04-08-2017 of High Court of Sindh at Karachi, Passed in Constitution Petition No. S-303 /2010) Sindh Rented Premises Ordinance, 1979 (XVII of 1979)-- ----S. 16(2)--Landlord & tenant--Relationship--Denial of--Tentative rent order--Non-compliance of--Validity--Held: It is settled law that an order passed by Court (whether or not a party considers it just, valid and fair) has to be complied with subject to his right to challenge the same before the fora provided in law--In case of non compliance of the consequences provided in law are bound to follow. ORDER Ijaz-ul-Ahsan, J.--The petitioner seeks leave to appeal against judgment dated 04.08.2007 rendered by High Court of Sindh at Karachi. Through the impugned judgment, a Constitution Petition Bearing No. S-303 of 2010 filed by the petitioner was dismissed. 2. Briefly stated the facts necessary for decision, of this lis are that Respondent No. 3 filed, an application under Section 15(2) of the Sindh Rented Premises Ordinance, 1979 (SRPO) against the petitioner claiming to be owner of the rented premises (subject matter of the dispute). She sought his eviction on the grounds of default in payment of rent and unauthorized commercial use of the rented premises. The Rent Controller seized of the matter passed an order dated 17.07.2008 under Section 16(1) of the SRPO ("tentative rent order") directing the petitioner to deposit arrears of rent for the past three years amounting to Rs. 450,000/- within a period of 25 days of the date of the order and also to deposit future rent. This order was assailed by the petitioner before the High Court of Sindh at Karachi through a Constitution. Petition Bearing No. S-346 of 2008. Initially, operation of the order of the Rent Controller dated 17.07.2008 was suspended vide order dated 11.08.2008. (This was the last day for deposit of rent as ordered by the Rent Controller).However, subsequently the Constitution Petition was dismissed on 29.08.2008. Aggrieved of such dismissal, the petitioner approached this Court through Civil Petition No, 1193 of 2008 in which vide order dated 22.09.2008, the order of the High Court as well as that of the Rent Controller…
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