ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Const. Petition No. S-124 / 2014

-----------------------------------------------------------------------------------------

DATE                  ORDER WITH SIGNATURES OF JUDGE(S)

------------------------------------------------------------------------------------------

1. For hearing of CMA No. 642/2014

2. For hearing of main case.

16.05.2016

Mr. Nadeem A. Farooqui,  advocate for the petitioner.

Through the instant petition, the tenant has challenged the orders passed in F.R.A. No. 145/2012. The counsel for the petitioner submits that the matter relates to a shop currently being rented out to the petitioner by the landlady being a widow, who has more than one shops in the neighbor-hood and whose likelihood comes from the receipt of money she receives from the tenants. While the tenancy agreement has already expired and no efforts have been made by the petitioner to renew it, the petitioner is ready to enter into a new agreement with the landlady at rents prevailing in the adjacent shops of the same size since the shop is not needed by the old lady for her personal use.While the landlady nor her counsel seem to have made appearances in the instant case on regular basis, to save her from any further delay or denial of rents, the proposition seems to be fair, in the interest of equity, justice and good-conscious, let Nazir take stock of the rent payable in the neighboring shops of the same size and submit his report within 15 days. Nazir’s fee in the sum of Rs.5,000/= payable from the rents due by the tenant, at a later stage.  The petitioner agrees to come with the proposition of entering into a fresh tenancy agreement with the old lady on the usual business terms and the rent charged would be equitable, as advised by the Nazir.  The counsel agrees to such a stipulation, which is ordered accordingly.

To come up on 30.05.2016.

JUDGE

ZahidBaig