Law: Specific Relief Act (I of 1877)

Section: 42,54

Law: Sindh Rented Premises Ordinance, 1979

Section: XVII,12

Specific Relief Act (I of 1877)-------Ss. 42 & 54---Sindh Rented Premises Ordinance (XVII of 1979), S. 12---Intra Court Appeal---Suit for declaration and injunction---Rented premises---Nondeposit of rent by tenant due to change to property---Necessary repairs of premises--Procedure---Appellant / plaintiff was tenant in suit property and had stopped paying rent due to damage to the premises---Judge in Chambers of High Court directed appellant / plaintiff to deposit rent in Court---Validity---Subject matter of suit related to outstanding rent to be paid through cheques and that was it---Rent could have been paid through other modes however the subject was outstanding rent---Issue of repair of premises has been encompassed in S. 12 of Sindh Rented Premises Ordinance, 1979 and gives responsibility to landlord to make necessary repairs other than structural alteration to the premises---On failure of such obligations, issue can be raised before Rent Controller by tenant by moving an application---Rent Controller may direct landlord, after an inquiry, as required and deemed necessary by Rent Controller---If Rent Controller thinks necessary that such repairs may be made by tenant, only then the cost may be deducted from rent which is payable by tenant and not otherwise---Rent of the premises cannot be withheld unless order as required under S. 12 of Sindh Rented Premises Ordinance, 1979, was passed directing landlord to carry-out repairs and the amount as adjudged, and only then tenant could be permitted to withhold the amount subject to the condition that such amount as adjudged was actually spent---Division Bench of High Court declined to interfere in the order passed by Judge in Chambers of High Court---Intra Court Appeal was dismissed, in circumstances.Date of hearing: 23rd January, 2024.JUDGMENTMUHAMMAD SHAFI SIDDIQUI, J.---The appellant, being a tenant of the premises, has filed a suit for declaration, cancellation, injunction and damages.2.    The appellant was inducted in the premises by virtue of a tenancy agreement reduced into writing. The monthly advance cheques were handed over to the landlord. The tenancy was disclosed to be of 11…