Law: Constitution of Pakistan, 1973

Section: 199

Law: Sindh Rented Premises Ordinance, 1979

Section: 16(2)

Law: Income Tax Ordinance, 2001

Section: 155

  Summary: The petitioner, operating an educational institution at Premises No. D-120, Block-4, Clifton, Karachi, challenged the Rent Controller’s order dated 09.03.2026 in Execution No. 15 of 2025 for allegedly failing to comply with an earlier court order (27.05.2025) regarding rent payment. The petitioner argued that rent deductions for withholding tax under Section 155 of the Income Tax Ordinance, 2001 were lawful and part of the tenancy agreement, and thus did not constitute non-compliance. The respondent contended that the deductions were not authorized by the Rent Controller and not properly substantiated, justifying the issuance of a writ of possession. After consideration, both parties reached a consensual resolution: the petitioner will vacate the premises by 27.05.2026, ensuring peaceful handover. Failure to comply will allow lawful repossession and may be treated as contempt of court. Outcome: Petition disposed of with terms for vacating the premises. Sections / Laws Used: Article 199, Constitution of Pakistan, 1973 – supervisory jurisdiction of High Court Section 16(2), Sindh Rented Premises Ordinance, 1979 – powers of Rent Controller regarding compliance Section 155, Income Tax Ordinance, 2001 – statutory obligation for withholding tax Two 2-Word Descriptions: Rent Dispute Possession Order O R D E R Through this petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, the Petitioner is seeking the following relief: “Declare that the Impugned Order dated 09.03.2026 passed by the Respondent No.1 in Rent Execution No. 15 of 2025 arising out of Rent Case No. 983 of 2022 is illegal, without lawful authority, and of no legal effect. Set aside the Impugned Order dated 09.03.2026 passed by the Respondent No.1 whereby the Execution Application No. 15 of 2025 and the application alleging non-compliance of the order dated 27.05.2025 were allowed. Suspend and/or set aside the Writ of Possession issued against the Petitioner pursuant to the Impugned Order dated 09.03.2026. Declare that the Petitioner has duly complied with the order dated 27.05.2025 passed by this Honourable Court in…