17/2014 F.R.A ASIF NAJAM ANSARI (Appellant) V/S MRS. MARIAM MIRZA & ANOTHER (Respondent)

17/2014 F.R.A ASIF NAJAM ANSARI (Appellant) V/S MRS. MARIAM MIRZA & ANOTHER (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Nazar Akbar Order Date: 27-MAY-14

Cantonments Rent Restriction Act (XI of 1963)--- ---S. 17 (9) & (8)---Ejectment petition---Tentative rent, fixation of---Non-deposit of arrears of rent---Effect---Contention of tenant was that arrears of rent was disputed and order of Rent Controller was wrong as he had allowed the landlord to withdraw the same---Validity---Tenant had failed to deposit arrears of rent within stipulated time given by the Rent Controller---Recording of evidence before passing of tentative rent order by Rent Controller was not possible as if evidence was recorded the tentative rent order would become final order---Tentative rent order which was passed without -recording of evidence was within the parameters of law---Tenant was in possession of demised premises and same would secure him against payment of rent---Rent should be ordered to be adjusted in future rent or refunded if no arrears of rent were found at the time of filing of case---Tenant should first have complied with the tentative rent order and then invoked the inherent jurisdiction of court to safeguard his interest---Excuses were trot acceptable to defy mandatory orders when such non-compliance would provide a statutory right in favour of other side---Court had no discretionary powers to deny statutory rights accrued to the other side on account of failure of a party to abide by such statutory orders---Tenant had committed default with regard to payment of tentative rent---Appeal was dismissed in limine. Safeer Travels (Pvt.) Ltd. v. Muhammad Khalid Shafi PLD 2007 SC 504 and Saeed Ahmed Khan v. Jamila Khanum 1999 CLC 852 ref.