Law:

Section: 17 , 27

Cantonments Rent Restriction Act (XI of 1963)--- ---- Ss. 17(8) & 27 --- Tenative rent order --- Power of Rent Controller --- If there is disagreement as to amount of arrears of rent dues, Rent Controller would be competent to hold an enquiry before passing tentative rent order under S. 17(8) of Cantonments Rent Restriction Act, 1963 on the -basis of material I available on record. Muhammad Tufail v. Mst. Viran Bibi 1993 CLC 655; PLD 1983 Lah. 574; 1986 CLC 1731; 1990 CLC 1156; PLD 1990 SC 1201 and Muhammad Ali v. Shafiq Ahmed 1992 MLD 801 ref. Dilawar Hussain for Petitioner. Faizanul Haq for Respondents Nos.2 and 3 (in C.P.No. S-63 of 1995 and for Respondent No.2 (in C.P. No.64 of 1995 on Pre-Admission Notice). Nemo for the Remaining Respondents. ORDER These are three Constitutional petitions filed under Article 199 of the Constitution of Islamic Republic of Pakistan directed against the orders dated 15-2-1995 passed in Ejectment Rent Case Nos.36, 37 and 38 of 1994 filed by the same landlord/petitioner with Additional Controller of Rents, Clifton cantonment, Karachi in respect of different portions of premises constructed on Plot No.B-2/31, Madniabad. Delhi Colony, Karachi in possession of different tenants/respondents whereby it has been held that Rent Controller/Additional Rent Controller was competent to hold, an inquiry before passing tentative rent order under section 17(8) of the Cantonments Rent Restriction Act, 1963. Brief facts of the case are that the petitioner/landlord filed three Ejectment Applications Nos. 36, 37 and 38 of 1994 under section 17 of the Cantonments, Rent   Restriction Act, 1963 against the respondents/tenants wherein it has been stated that respondents /tenants were in arrears of rent for more than three years and claim for forty months rent was made when the respondents/tenants filed application for recording the evidence on the question of arrears of rent claimed by the petitioner before passing the tentative rent order under section 17(8) of the Rent Ordinance. The learned Rent Controller as per impugned order held that no order could be passed by the Controller except after holding an enquiry as per section 27 of the…