234/2023 H.C.A Cedar Pvt. Ltd (Appellant) V/S Soneri Bank Ltd & Others (Respondent)
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Omar Sial
234/2023 H.C.A Cedar Pvt. Ltd (Appellant) V/S Soneri Bank Ltd & Others (Respondent) Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Omar Sial Order Date: 23-JAN-24
*The subject matter of the suit is not just simply a negotiable instrument but it is the rent of the subject period which was not paid, therefore, there is no logic in saying that since the Rent Controller could not pass any order on ???negotiable instrument???. **Section-12 of the SRPO, 1979 does not empower the civil court to adjudge necessary repairs to be carried out by the landlord; neither an application was filed by the tenant in this regard. ***once the rent is deposited pursuant to the orders of the Court, which the appellant had not deposited till date, the tenant/appellant will ???not??? be under the obligation to deposit the arrears of rent in compliance of Section-16(1) of the SRPO, 1979, as the tenant cannot be waxed twice. Security would not come in the way unless the tenant vacates the premises.