Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)-------S. 16(1)(2)---Constitution of Pakistan, Arts. 185(3)---Tentative rent order---Deposit of rent by tenant in miscellaneous rent application instead of main rent case---Plea of tenant that such default was technical and not wilful as he deposited rent at landlord's request in rent application---Order of Rent Controller holding such default to be wilful, deliberate and contumacious upheld by Appellate Court, but set aside by High Court---Validity---Whether such default was technical or not being a question of fact liable to be answered on basis of record---Such plea apart from being dubious and disputed showed a conscious disregard for rent order---Tenant's plea justifying himself in acceding to landlord's request instead of complying with terms of rent order was not acceptable---Not appropriate for Supreme Court in exercise of jurisdiction under Art. 185(3) of the Constitution to reappriase circumstance of case and substitute its own opinion in place of well considered views expressed by pent Controller and Appellate Court---Such default was wilful, "deliberate and contumacious---High Court did not have a valid justification for setting aside orders of Rent Controller and Appellate Court---Supreme Court set aside order of High Court and restored/affirmed that of Rent Controller and Appellate Court. Dr. Aftab Ahmed Khan v. Mst. Zaibun Nisa 1998 SCMR 2085 ref. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 16(2)---Tentative rent, default in payment of---Whether such default was technical or not, was a question of fact liable to be answered on basis of record. (c) Precedent--- ----Each precedent enunciates principles, which are based on the circumstances of case being examined by court. (d) Constitution of Pakistan--- ----Art. 199---Orders passed by courts vested with statutory powers in exercise of their functions---Factual determination or interference in such orders by High Court---Scope stated. While exercising constitutional jurisdiction under Article 199, the High Court will not make factual determination or interfere in orders passed by competent courts vested with statutory powers in the…

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