291/2026 Const. P. Azam Mirza (Petitioner) V/S The XII Sr. Civil Judge Khi Central & another (Respondent)

291/2026 Const. P. Azam Mirza (Petitioner) V/S The XII Sr. Civil Judge Khi Central & another (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 27-APR-26

As regards future rent, the Rent Controller has adopted a balanced and equitable approach by directing the deposit of rent subject to the outcome of civil litigation. This ensures protection of both parties??? interests preserving the petitioner???s right in Civil proceedings while simultaneously preventing unjust enrichment through continued occupation without payment. 12. The impugned order is therefore neither without jurisdiction nor contrary to law. It is based on settled principles that rent jurisdiction can be invoked where a prima facie tenancy exists, even if ancillary civil disputes are pending. No exceptional circumstance has been shown warranting interference in constitutional jurisdiction, which is discretionary and not meant to convert this Court into a court of appeal against findings of fact properly recorded by the Rent Controller. 13. Accordingly, the constitutional petition is dismissed, and the impugned order dated 12.03.2026 is upheld as lawful, justified, and in accordance with the settled principles governing rent jurisdiction. However, there shall be no order as to costs. However, it is made clear that the observation recorded hereinabove is tentative for just decision of the rent case only, and shall not prejudice the case of either party before the competent Civil Court, when the matter is pending, which shall be decided on its own merits.