Order Sheet
IN THE HIGH COURT OF SINDH AT KARACHI
Constitutional Petition No. S – 438 of 2019
|
Date |
Order with signature of Judge |
Fresh Case :
1. For orders on CMA No.1575/2019 (U/A) :
2. For orders on CMA No.1576/2019 (E/A) :
3. For orders on CMA No.1577/2019 (Stay) :
4. For hearing of Main Case :
12.03.2019 : Mr. Khalid Pervaiz Cheema, advocate for the petitioner.
…………
Rent Case No.522/2018 was filed by respondent No.3 against the petitioner for his eviction on the ground of default wherein an order was passed on 10.08.2018 by the learned Rent Controller under Section 16(1) of the Sindh Rented Premises Ordinance, 1979, directing the petitioner to deposit arrears of monthly rent with effect from August 2017 within thirty (30) days at the rate of Rs.5,000.00 per month ; and, it was ordered that respondent No.3 will not be entitled to withdraw the said amount till final disposal of the rent case. On 30.08.2018, the petitioner filed an application before the learned Rent Controller wherein relationship of landlord and tenant was denied by him, however, it was prayed by him that he may be allowed to deposit the arrears of rent in installments. The said application was dismissed by the learned Rent Controller vide order dated 26.09.2018. Thereafter, the petitioner filed another application before the learned Rent Controller praying that further time be allowed to him to deposit the arrears of rent, which was also dismissed. Since the petitioner had not complied with the order passed by the learned Rent Controller under Section 16(1) ibid, an application was filed by respondent No.3 under Section 16(2) of the Ordinance of 1979 for striking off his defence. Through impugned order dated 22.10.2018, the said application was allowed by the learned Rent Controller and resultantly the defence of the petitioner was struck off and he was directed to handover vacant and peaceful physical of the demised premises to respondent No.3 within sixty (60) days. First Rent Appeal No.277/2018 filed by the petitioner against the above order has been dismissed by the learned appellate Court through impugned judgment dated 18.02.2019. This petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, is directed against the above concurrent findings of the learned Rent Controller and appellate Court.
It is well-settled that in case of non-compliance of an order under Section 16(1) of the Ordinance of 1979, the Rent Controller is bound to strike off the defence of the opponent and to order his eviction from the demised premises. In the present case, it is an admitted position that the petitioner did not comply with the order passed by the learned Rent Controller under Section 16(1) ibid, therefore, the impugned orders do not require any interference by this Court. Accordingly, the petition and listed applications are dismissed in limine with no order as to costs.
J U D G E