Case Details

Citation(s)
2009 SLG 2164 2009 SLD 2164 2009 PLD 356
Sindh High Court
First Rent Appeal No. 1 and C.M.A. No. 1171 of 2009, decided on 27th April, 2009
MUNIB AHMAD KHAN, J
G.N. Qureshi for Appellant. Sardar Muhammad Yousuf for
Respondent

TANVEER SIDDIQUI and another

VS

MUHAMMAD RASHID

Law: Cantonments Rent Restriction Act, 1963

Section: 17,24

Cantonments Rent Restriction Act (XI of 1963)--- ---Ss. 17 & 24---Ex parte eviction order---Written statement, non-filing of---Rent Controller took six months to come to final stage for closing the side as tenants failed to file written statement and Rent Controller passing eviction order against tenants---Validity---Tenants themselves were not keen to safeguard their own interest and took the matter with Court very lightly---Tenants appeared in Court when all modes of services were exhausted and even thereafter failed to file written statement from 9-9-2008 to 22-11-2008---It was not only the responsibility of counsel but of the party of case itself to appear before Court but none had appeared---Order passed by Rent Controller also showed that some junior counsel of tenants was also present which showed that tenants had full knowledge about development in the case but no step was taken notwithstanding the fact that appropriate action could be taken and even required written statement could be filed in the office of Court at any convenient time and date to avoid ex parte order but that had not been done---Tenants were themselves indolent and High Court declined to interfere in ex parte eviction order passed by Rent Controller against them---Appeal was dismissed in circumstances. FRA No. 7 of 2008; FRA 58 of 2008; C.P. No.491-K/2008 and 2008 SCMR 635 rel. ORDER MUNIB AHMAD KHAN, J.---Although this F.R.A. is fixed today for orders on C.M.A. No.1171 of 2009 but keeping in view that short point is involved while both the counsel have insisted for hearing of case on merit therefore the main case has been taken up for hearing with their consent. This F.R.A. has been filed against the order, dated 25-11-2008 passed by Controller of Rents, Clifton Cantonment Karachi,, in Rent Case No.101 of 2008 whereby ejectment application filed by the respondent has been allowed and appellants have been directed to vacate the shop i.e. Shop No.2, Ground Floor, Plot No.12-D, Stadium Lane No.1, Phase-V, Defence Housing Authority, Karachi (hereinafter referred to as the demised shop) which was in their occupation. The appellants have further been directed to handover vacant and…
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