Case Details

Citation(s)
2023 SLG 1603 2023 CLC 1279 2023 SLD 1603
Sindh High Court
Constitutional Petition No.S-824 of 2018, decided on 12th September, 2022.Date of hearing: 2nd September, 2022.
Before Nadeem Akhtar, J
Iftikhar Jawaid Qazi for Petitioners. Mohsin Qadir Shahwani for
Respondent No.1.

Dr. SUNIL ANAND HOTWANI----Petitioner

VERSUS

ABDUL WAKEEL and 2 others----Respondents

Law: Sindh Rented Premises Ordinance, 1979

Section: 13,16

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.13---Eviction---Non-compliance of tentative rent order---Statutory tenant---Enhancement of rent under expired contract---Scope---Tenant assailed an order whereby his defense was struck off due to non-payment of tentative rent and consequently he was directed to vacate the demised premises---Contention of tenant was that the Rent Controller did not have jurisdiction to add 10% increase in the monthly rent and that the original tenancy agreement wherein the enhancement was contemplated had expired---Validity---Pleadings of the parties were sufficient to draw a tentative conclusion upon a summary inquiry that there was a specific stipulation in the agreement regarding 10% increase in the monthly rent at the time of each renewal---Upon expiration of the agreement the status of the tenant became that of a statutory tenant and the parties were bound by the terms and conditions of the agreement---Contention of the tenant was not tenable---Tentative rent order passed by Rent Controller was not without jurisdiction or illegal---Constitutional petition was dismissed, in circumstances. Safeer Travels (Pvt.) Ltd. v. Muhammad Khalid Shafi through legal heirs PLD 2007 SC 504 ref. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.16---Arrears of rent---Expression summary inquiry---Scope---When a case for eviction of a tenant is filed, the Rent Controller is required to determine the arrears of rent payable by the tenant upon an application filed by the landlord---Rent Controller is required to conduct a summary inquiry and then direct the tenant to deposit the specified arrears of rent within a specified period---Additionally, the Rent Controller is also required to direct the tenant to deposit the monthly rent regularly on or before the tenth day of each month until the final disposal of the case---Phrase summary inquiry used in S.16 holds significance as it indicates that the Rent Controller, in order to issue a tentative rent order under the section, is required to examine only the material presented before him, without conducting an in-depth inquiry. (c) Sindh Rented Premises Ordinance (XVII of 1979)---…
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