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Petitioner: Syed ASGHAR HUSSAIN VS Respondent: MUHAMMAD OWAIS and others
Court Name: Supreme Court of Pakistan Judge(s): Mushir Alam, Faisal Arab Title: Syed ASGHAR HUSSAIN vs MUHAMMAD OWAIS and others Case No.: Civil Petition No, 837-K of 2018 Date of Judgment:2018-07-23 Reported As: 2018 SCMR 1720 Result: Petition dismissed
Judgment ORDER MUSHIR ALAM, J.---Petitioner has impugned the order dated 29.6.2017 passed by the learned High Court of Sindh, Karachi, whereby the order passed by the learned Rent Controller dated 13.8.2016 in Rent Case No, 38 of 2014 striking of defence of the petitioner under section 16(2) of the Sindh Rented Premises Ordinance, 1979 was maintained. 2. Learned counsel for the petitioner states that there is no relationship of landlord and tenant which relationship was also denied in the earlier round of the proceedings. He concedes that in earlier round in FRA the respondent had withdrawn the same with the permission to file afresh proceedings which were initiated on the strength of the lease in his favour and on purported tenancy agreement which were not produced in earlier round. The impugned order was passed by the learned Rent Controller. Best course for the petitioner could have been to comply with tentative rent order under section 16(1) of SRPO, 1979 and to have contested the matter to his logical conclusion, but he chose not to comply with a tentative rent order loosing his right of defence. No factual or legal infirmity is apparent on the record. Accordingly, the petition is dismissed and leave refused.