709/2024 Const. P. Mrs. Pinky Perwani Thr. Attorney Vikram (Petitioner) V/S Additional Controller of Rent Clifton Cant. & ors (Respondent)
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
709/2024 Const. P. Mrs. Pinky Perwani Thr. Attorney Vikram (Petitioner) V/S Additional Controller of Rent Clifton Cant. & ors (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 16-FEB-26
It is a settled principle that the existence of a landlord-tenant relationship is a jurisdictional requirement for a Rent Controller. If such a relationship is specifically denied, the Rent Controller must determine it as a preliminary issue before assuming jurisdiction. In its absence, any order, including a tentative rent order, would be subject to final determination on the subject issue. 7. In the present case, the learned Rent Controller has not examined whether a landlord-tenant relationship exists between the parties. 8. Accordingly, without touching the merits of the case, the impugned tentative rent order shall remain in abeyance. The learned Rent Controller is directed to first frame and decide the preliminary issue regarding the existence of a landlord-tenant relationship strictly in accordance with law before proceeding further. 9. The petition along with pending application(s) is disposed of in these terms.