Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)-------S. 16---Arrears of rent---Recovery---Tentative rent order---Statutory period of two months---Scope---Proceedings initiated before expiry of period of two months are not invalid. Syed Hasan Askari Rizvi v. Muhammad Aziz PLD 1989 SC 1; Khawaja Muhammad Razzaque v. Omer Farouk 1982 CLC 318; Muhammad Iqbal v. Sheikh Riaz Ahmad 1984 CLC 913(2); Haji Ahmed Haji Essa v. Rent Controller and others 1983 CLC 840; Muhammad Riaz v. Mst. Begum Jan and another 1984 CLC 2970; Habib Ahmad v. Liaquat Hussain PLD 1985 Kar. 741 and Iqbal Yousuf v. Kishwar Jehan 1991 SCMR 864 ref. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 14, 15 & 16---Constitution of Pakistan (1973), Art.199---Constitutional petition---Maintainability---Tentative rent order---Power of Rent Controller---After service of notice to tenant, landlord did not wait for statutory period of two months and filed ejectment application---Rent Controller passed tentative rent order and directed tenant to deposit arrears of rent---Plea raised by tenant was that proceedings initiated under provisions of S.14 of Sindh Rented Premises Ordinance, 1979, did not empower Rent Controller to entertain application under S.16(1) of the Sindh Rented Premises Ordinance, 1979----Validity---Power to pass tentative rent order was neither confined to cases of withdrawal only nor to cases falling under S.15 of Sindh Rented Premises Ordinance, 1979---No distinction had been made with regard to Ss.14 and 15 of Sindh Rented Premises Ordinance, 1979, for entertaining application---Scope of powers for passing tentative rent order in such cases could not be narrowed down---Constitutional Petition before High Court was not maintainable on the ground of passing of order under S. 16 (1) of Sindh Rented Premises Ordinance, 1979---Cause of action to approach High Court by way of constitutional petition accrued to tenant only when order was passed by Rent Controller ordering for ejectment in compliance of tentative rent order under S.16 (2) of Sindh Rented Premises Ordinance, 1979---Proceedings under S.14 of Sindh Rented Premises Ordinance, 1979, were maintainable but…

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