1989 PLP 4436 (MLD)
HUKUM KHAN — Petitioner Versus PAKISTAN STEEL and another — Respondents
| Citation | 1989 PLP 4436 (MLD) |
| Forum / Court | Karachi |
| Bench Members | Saleem Akhtar and Imam Ali Kazi, JJ |
| Parties | HUKUM KHAN — Petitioner Versus PAKISTAN STEEL and another — Respondents |
| Primary Law | Sind Rented Premises Ordinance (XVII of 1979) |
Q1: What are the key laws and sections cited in 1989 PLP 4436 (MLD)?
This judgment primarily cites: Sind Rented Premises Ordinance (XVII of 1979) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 4436 (MLD)?
The case was heard and decided by the Karachi bench comprising: Saleem Akhtar and Imam Ali Kazi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 4436 (MLD) (HUKUM KHAN — Petitioner Versus PAKISTAN STEEL and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Amir Malik for Petitioner.
- Nemo for Respondents (absent).
- Date of hearing: 26th April, 1989.
Headnotes / Summary
S.16(1)--Tentative rent order--Order directing tenant to pay rent beyond period of three years was without jurisdiction--Order was set aside and Rent Controller was directed to pass fresh order in accordance with law.
Judgment & Decree
SALEEM AKHTAR, J.--The respondent filed an application for ejectment against the petitioner on the ground of default in payment of rent. On an application filed under Section 16(1), Sind Rented Premises Ordinance 1979 the respondent No .2 passed the impugned order directing the petitioner to deposit rent at the rate of Rs.1,100 per month from 1-7-1982 till the date of the order in 14 equal monthly instalments and future rent was also ordered to be paid. The main ground for challenging this order is that it is without jurisdiction as the petitioner c6uld not have been ordered to pay rent beyond the period of three years from the date of filing of the ejectment application. The ejectment application was filed in early 1988 and therefore the order for deposit of rent from 1982 upto 1985 was manifestly wrong and illegal. Similar order was passed by the Controller against the other tenants which was challenged in Constitution Petition No.D-110/1989 Haji Muhammad Alam Baluch v. Pakistan Steel Mill and another. In this judgment after considering various authorities it was held that the order directing the petitioner to pay rent beyond the period of three years was without jurisdiction and consequently similar order was set aside. We respectfully agree with the judgment passed in this petition and declare that the impugned order has been passed without lawful authority and is of no legal effect. We direct the Controller to pass a fresh tentative order for deposit of rent in accordance with law. The petition is disposed of in these terms. MYH/H-169/K Petition allowed.